Dipak Baburao Thorat And Others v. The Sub-Divisional Officer And Others

1 ca 13121.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 WRIT PETITION NO.7356 OF 2020 WITH CA/13121/2022 IN WP/7356/2020 DIPAK BABURAO THORAT AND OTHERS

VERSUS

THE SUB DIVISIONAL OFFICER SHRIRAMPUR AND OTHERS ...

Advocate for Petitioners : Mr. Avinash A. Khande h/f Mr. Hajare Abhishek M.

AGP for Respondent/State: Mr. N. T. Bhagat Advocate for Respondent Nos.14,16,17&18:

Mr. R. K. Ashtekar ...

CORAM:

ARUN R. PEDNEKER, J.

DATE:

03rd JANUARY, 2023 PER COURT:

1.

Issue notice in Civil Application NO.13121 of 2022, to the legal heirs of petitioner no.3, returnable on 31.01.2023.

2.

The learned counsel for the applicants / petitioners submits that there is a delay of 73 days in filing the application to bring the legal heirs of petitioner no.3 on record. The respondents have not objected to the said application. The application is allowed to bring the legal heirs of petitioner no.3 and the delay being minor is also condoned. Amendment to be carried out within a period of three (03) weeks.

2 ca 13121.2022 3.

The learned counsel for the applicants / petitioners submits that respondent no.5 is also dead and her legal heirs are already on record in the form of respondent nos.6 and 7. He is permitted to delete respondent no.5.

4.

The learned counsel for the applicants / petitioners also seeks time to file rejoinder. The same may be filed within a period of three (03) weeks from today. Necessary amendment be carried out within the same time.

5.

List this matter on 31.01.2023.

6.

The learned counsel for the applicants / petitioners to make statement, whether he wish to continue with respondent nos.14 to 18, as the Advocate appearing for the said respondents submits that there is no relief claimed against them.

[ARUN R. PEDNEKER, J.] marathe