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Bombay High CourtCA/3448/2015disposed offdismissed for default

Shoebmohammad Shermohammad Khan v. State Of Maharashtra And Others

2015-03-13Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.L. Achliya2 pages

1 ca 3448.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH

AT AURANGABAD CIVIL APPLICATION NO. 3448 OF 2015 IN WRIT PETITION NO. 3837 OF 2014 Shoebmohammad Shermohammad Khan .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri Nitin B. Suryawanshi, Advocate for the Applicant. Shri G. K. Thigle, Addl.G.P. for Respondent Nos. 1 and 2. Shri S. K. Kadam, Advocate for the Respondent No. 3. CORAM :

S. V. GANGAPURWALA AND V. L ACHLIYA, JJ.

DATE :

13TH MARCH, 2015.

PER COURT :

.

The writ petition is admitted. The learned Additional Government Pleader appears for respondent Nos. 1 and 2. Mr. Kadam, the learned counsel appears for the respondent No. 3. 2.

Mr. Suryawanshi, the learned counsel states that, the proposed amendment sought is necessary and relevant for effective adjudication of the writ petition.

3.

We have heard the learned additional government pleader and the learned counsel appearing for the respondent No. 3. It is trite that merits of the amendment are not required to be considered while dealing with the amendment application. Even otherwise the

2 ca 3448.15 respondents will have every opportunity to controvert the averments sought to be introduced by way of amendment.

4.

In the light of that, the civil application is allowed in terms of prayer clause "A". The civil application is disposed of. [ V. L ACHLIYA, J. ] [ S. V. GANGAPURWALA, J. ] bsb/March 15