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Bombay High CourtCA/13050/2014disposed offdismissed for default

Shaikh Abdul Razak Shaikh Ahmed v. The State Of Maharashtra And Others

2019-07-03Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8168 OF 2013 (Shaikh Abdul Razak s/o Shaikh Ahmed Vs. The State of Maharashtra and others) WITH CIVIL APPLICATION NO.13050 OF 2014 Mr.V.R.Dhorde, Advocate for the petitioner.

Mr.S.P.Tiwari, AGP for respondent Nos. 1 to 3. Mr.K.H.Surve h/f Mr.H.S.Surve, Advocate for respondent No.4. ( CORAM : Ravindra V.Ghuge, J.) DATE : 03/07/2019 PER COURT :

1.

By this civil application, the petitioner seeks an amendment to the writ petition. The petition is yet to be admitted. 2.

The learned Advocate appearing on behalf of respondent No.4 submits that an affidavit in reply has already been filed in the petition and he therefore strongly opposes the said application. 3.

Since the petition is yet to be admitted, it would not cause prejudice to the respondents, if liberty to amend the petition is granted with certain conditions.

khs/JULY 2019/8168

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As such, this civil application is allowed. The petitioner shall carry out the amendment to the petition on or before 16/07/2019 and shall place on record a copy of the writ petition with a copy to be supplied to the respondents expeditiously. The request of the petitioner to file an additional affidavit in the petition is granted subject to proper pagination and the said copy shall also be served on the respondents, if not already so done.

5.

The respondents are at liberty to enter their affidavits in reply to the amended portion in the petition, on or before 02/08/2019. 6.

List the petition for admission on 07/08/2019. The ad-interim relief, granted earlier, would continue.

( Ravindra V.Ghuge, J.) khs/JULY 2019/8168