Administrative Officer, M.I.R.C. At Darewadi v. Sonabai Ashok Chhajlani And Others

1 4744.2018.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

904 CIVIL APPLICATION NO.4744 OF 2018 IN CA/16291/2015 IN WRIT PETITION NO.10281 OF 2014 ADMINISTRATIVE OFFICER, M.I.R.C. AT DAREWADI

VERSUS

SONABAI ASHOK CHHAJLANI AND OTHERS ...

Advocate for Applicant/ petitioner : Shri D.G Nagode Respondent Nos.2 & 3 - Dead.

Respondent Nos.1 & 4 : Served ...

CORAM : P.R. BORA, J.

Dated: June 13, 2019 PER COURT :- 1.

Leave to amend in writ petition.

2.

The learned Counsel for the petitioner submits that, the legal heirs of deceased respondent no.2 are already there on record and even otherwise respondent no.2 was a formal party so far as the present writ petition is concerned.

3.

In Civil Application No.4744 of 2018, though respondent nos.1 and 4 are duly served, have not caused appearance in the matter. Respondent nos.2 and 3 are reported to be dead. For the reasons stated in the application, the application deserves to be allowed and is accordingly allowed.

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2 4744.2018.CA.doc 4.

Writ Petition No.10281 of 2014 thus stands restored to its original file. Issue notice to respondent nos.1 and 4 returnable after four weeks. Till then, the order passed in Regular Civil Appeal No.14 of 2011 so far as it relates to grant of interest, more particularly, execution and implementation of clause-iv of the said order shall stand stayed.

( P.R. BORA, J. ) ...

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