Dashrath Maruti Mote And Another v. Dhondiba Sukhdeo Mote And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4266 OF 2016 (Nathu Babu Mote and others Vs. Dhondiba Sukhdeo Mote and others) WITH CIVIL APPLICATION NO.4267 OF 2016 WITH CIVIL APPLICATION NO.5447 OF 2016 IN WRIT PETITION NO.1839 OF 2010 Mrs.M.S.Jagtap, Advocate for the applicants.

Mr.D.A.Madke h/f Mr.M.S.Kulkarni, Advocate for the petitioner in Writ Petition.

Mr.Sanket S.Kulkarni, Advocate for respondent No.6 in writ petition. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 25/04/2016 PER COURT :

1.

These 3 civil applications have been filed by those applicants who are original respondents in the petition and the petition has been dismissed as against these respondents under the orders of the Court.

2.

Learned Advocate for the applicants submits that these applicants are necessary parties and they desire to participate in this litigation. The petition is sought to be restored with reference to these applicants, so that they can appear in the writ petition and khs/April 2016/4266-d

participate in the adjudication of the said petition. 3.

Learned Advocate for the original petitioner does not oppose these applications.

4.

Mr.Kulkarni, learned Advocate appearing on behalf of respondent No.6 submits that the said respondent would actually have no say considering the dismissal of this petition against these applicants.

5.

In the light of the above and for the reasons set out in the application, all the applications are allowed. Delay caused is condoned. The order dated 07/08/2015, passed by this Court is recalled and the writ petition stands restored to the extent of all these applicants.

( RAVINDRA V. GHUGE, J.) khs/April 2016/4266-d