Laxmibai Damodhar Thorat v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10393 OF 2019 IN PUBLIC INTEREST LITIGATION NO. 76 OF 2016 Laxmibai w/o Damodhar Thorat Applicant

Versus

The State of Maharashtra & others Respondents Mr. N.L. Jadhav, Advocate for the applicant. Mrs. M.A. Deshpande, AGP for respondents no. 1 to 4. CORAM : PRASANNA B. VARALE & AVINASH G. GHAROTE, JJ.

DATE : 29th August, 2019.

PER COURT :

1.

It is submitted by learned counsel for the applicant that this Court by order dated 18.07.2019 permitted the applicant-petitioner to serve respondent no. 6 by way of legally permissible mode of service apart from the Court's service and, though the applicant made attempts to serve respondent no. 6, respondent no. 6 is avoiding service on one count or the other. As such, the applicant be permitted to serve respondent no. 6 by way of paper publication.

2.

At the outset, learned counsel for the applicant orally prays for amendment in the application in terms of addition of words "to respondent no. 6" after the words "to issue notice" in prayer clause 'B'. It is submitted by learned counsel that inadvertently it was not referred to in the prayer clause.

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In view of submission of learned counsel for the applicant and for the reasons stated in the application, oral prayer for amendment is allowed. Application is allowed in terms of prayer clause 'B'. Needless to state that learned counsel for applicant to take necessary steps including deposit of amount etc. within three weeks from today.

4.

Application is disposed of accordingly.

( AVINASH G. GHAROTE ) ( PRASANNA B. VARALE ) JUDGE JUDGE dyb/