Meer Azar Ali Usmani S/O Meer Zulfekar Ali Usmani And Others v. Pralhad Laxman Sherkar And Others
9171.2014 CA.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 9171 OF 2014 IN WRIT PETITION NO. 8075 OF 2013 Meer Azar Ali Usmani s/o. Meer Zulfekar Ali Usmani & others .. APPLICANTS
VERSUS
Pralhad s/o. Laxman Sherkar and others .. RESPONDENTS ...
Mr. Milind K. Deshpande, Advocate for the Applicants Mr. S.D.Kaldate, APP for Respondent - State Mr. C.V.Thombre, Advocate for Respondent Nos. 1 to 9 Mr. S.S.Thombre, Advocate for Respondent No.12 ...
CORAM : S.S. SHINDE & A.M.BADAR, JJ.
DATE: 11th February, 2015 ...
PER COURT:- 1] Heard. This Civil Application is filed by the Applicants praying therein to allow them to intervene in Writ Petition No.8075/2013 and further to direct the petitioners to implead them as party respondents.
2] Upon perusal of the subject matter involved in the Writ Petition No.8075/2013, and also Writ Petition No. 2063/1998 which is disposed of by this Court on 3rd August, 2010, the applicants' Civil Application deserves to be allowed partly.
9171.2014 CA.odt 3] Since the Applicant Nos. 1 and 2 were party to the earlier proceeding, we allow their application. So far as Applicant Nos. 3 to 5 are concerned, they were not party to the earlier proceedings, and hence, their application cannot be entertained, and hence their application stands rejected. 4] Application is partly allowed and same stands disposed of.
5] The learned counsel appearing for the Petitioners to take immediate steps to add applicant Nos. 1 and 2 as party respondents in the Petition. Amendment be carried out accordingly.
6] The learned counsel appearing for the added parties prays two weeks time so as to enable him to file reply. The learned counsel appearing for the Respondent - Municipal Council also wishes to file reply.
7] On joint request, list Writ Petition No. 8075 of 2013 on 10th March, 2015. Interim relief to continue till then. Sd/- Sd/- [A.M.BADAR, J.] [S.S. SHINDE, J.] ...
DDC