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Bombay High CourtWP/1491/2023disposed off

Hiralal Arjunrao Mahanubhav v. Kopargaon Nagar Parishad Kopargaon Through Its Chief Executive Officer

2023-02-13Hon'Ble Justice Sharmila U. Deshmukh2 pages

(1) 49-wp-1491-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1491 OF 2023 HIRALAL ARJUNRAO MAHANUBHAV

VERSUS

KOPARGAON NAGAR PARISHAD KOPARGAON THROUGH ITS CHIEF EXECUTIVE OFFICER ...

Mr. A. D. Sonkawade, Advocate for the Petitioner. ...

CORAM : SHARMILA U. DESHMUKH, J.

DATED : 13th FEBRUARY, 2023.

PER COURT:- 1.

Heard.

2.

By this petition, petitioner challenges the order dated 23.09.2022, whereby the petitioner's application for impleading proposed defendant no.2 i.e. State of Maharashtra through Collector, Ahmednagar as party to the proceeding came to be rejected on the ground of non-compliance of the provisions of Section 80 of the Code of Civil Procedure.

3.

After arguing for some time, learned counsel for the petitioner on instructions submits that necessary notice will be served as contemplated by Section 80 of the Code of Civil Procedure.

4.

Let the notice be served within a period of two months. The Trial Court is directed not to proceed further with the matter.

(2) 49-wp-1491-2023 5.

Writ Petition stands disposed of with the above terms. 6.

The application to be considered after a period of two months.

(SHARMILA U. DESHMUKH) JUDGE Devendra/February-2023