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Bombay High CourtCA/1069/2016admittedallowedgrantedrule absolute

Zilla Parishad Aurangabad Through Chief Executive Officer v. Marathwada Wakf Board Aurangabad Through Secretary And Others

2016-01-29Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 913.ca.1069.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1069 OF 2016 IN WP/3937/2011 ZILLA PARISHAD AURANGABAD THROUGH CHIEF EXECUTIVE OFFICER

VERSUS

MARATHWADA WAKF BOARD AURANGABAD THROUGH SECRETARY AND OTHERS ...

Advocate for Applicant : Shri V.C.Patil h/f Shri Bondar U.B. AGP for Respondents 2, 28 and 29 : Shri V.S.Badakh. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 29th January, 2016 Per Court:

The Applicant/ Zilla Parishad prays for time to take steps to serve the unserved Respondents and bring the legal heirs of the deceased Respondent No.23 on record.

Time to take steps was earlier granted by this Court on 18.11.2013. Interim relief was continued. Since then the matter has been adjourned only to enable the Applicant to serve the unserved Respondents and bring the legal heirs of the deceased Respondent No.23 on record. Shri Patil, learned Advocate, submits that if notice is issued to

*2* 913.ca.1069.16 Respondent Nos.6, 18 and 27, the said notice will be published in a Marathi newspaper widely circulated in Aurangabad region. Insofar as bringing of the legal heirs of the deceased Respondent No.23 on record is concerned, he submits that the legal heirs will have to be traced out and the application for bringing the said legal heirs would be filed. He seeks three weeks' time for the said purpose.

In the light of the above, this Civil Application is allowed. Issue notice to Respondent Nos.6, 18 and 27 in the Writ Petition, returnable on 26.02.2016. The Applicant shall ensure that the notice is published at it's own costs in the Marathi newspaper daily "Sakaal", Aurangabad edition, on or before 18.02.2016 and place the original copy of the newspaper on record.

Steps to bring the legal heirs of the deceased Respondent No.23 on record be taken within FOUR WEEKS from today. Interim relief granted earlier to continue.

kps (RAVINDRA V. GHUGE, J.)