← Library
Bombay High CourtCA/12439/2019disposed off

Mahananda Gangadharappa Burande v. Vaishali Vijay Burande And Others

2024-07-11Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

917wp11613-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 WRIT PETITION NO. 11613 OF 2019 VAISHALI VIJAY BURANDE

VERSUS

THE STATE OF MAHRASHTRA AND OTHERS ...

Mr. Y. P. Deshmukh h/for Mr. A. D. Kawre, Advocate for the Petitioner Mr. B. M. Dhanure, AGP for Respondents 1 to 4 State Mr. S. V. Warad, Advocate for Intervenor/Respondent No.5. WITH CIVIL APPLICATION NO. 12439 OF 2019 IN WP/11613/2019 MAHANANDA GANGADHARAPPA BURANDE

VERSUS

VAISHALI VIJAY BURANDE AND OTHERS

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 11th July, 2024 ORDER:

1.

Heard the learned Advocates for the respective sides. The Applicant is the biological mother of the deceased employee. The Petitioner is the estranged wife of the deceased employee, Dr.Vijay Gangadharappa Burande, who passed away on 26.09.2018 owing to a cardiac arrest. He has two sons surviving.

2.

Peculiar facts of this case are that deceased employee had nominated his brother with his two biological sons as nominees to receive the service benefits. The Petitioner was locked in a

917wp11613-19 matrimonial litigation with the deceased and the litigation was abated due to his untimely passing away. The Civil Applicant is before us praying for leave to intervene. In this circumstance and by the consent of the parties, the Civil application is allowed. The Applicant be added as Respondent No.5. We also direct to add the brother of the deceased as party Respondent no. 6.

3.

The two sons are said to be in the custody of the present Petitioner. The Petitioner prays for leave to add her two sons, who are presently living with her, as Co-Petitioners. The Respondents do not oppose. Leave granted. Addition be carried out. 4.

Additions with proper postal address may be carried out within 10 days.

5.

All office objections to be removed on or before 30th July, 2024, failing which, the Petition would stand dismissed on 31st July, 2024 without reference to the Court.

6.

Issue notice of final hearing to the added Respondents, returnable on 14th August, 2024.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan