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Bombay High CourtCAW/191/2022allowed

Shri Deorao S/O Ganba Mankar (Legal Heir Of Ganba Goma Mankar) v. Shri Doma S/O Chaitu Thakre And Others

2022-04-18Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 w.p. 5456.2014.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Writ Petition No.

of [Shri Deorao S/o Ganba Mankar (since dead) through his legal heirs Yogeshwar D. Mankar and ors. ..vs.. Shri Doma S/o Chaitu Thakre (since dead) through his LRs Smt. Vithabai D. Thakre and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. D. T. Shinde, Advocate for the petitioners Mr. U. M. Aurangabadkar, Advocate for respondent 1 Mr. N. R. Rode, AGP for respondents 3 and 4 CORAM : ROHIT B. DEO, J.

DATED : 18- 4Notice issued to respondent 2 on merits was required to be served by paper publication.

2.

However, notice issued on Civil Application (CAW) 191/2022 is received back unserved with the report that respondent 2 is residing abroad.

3.

The learned counsel for the petitioners and the learned counsel for respondent 1 state that respondent 2 is not the contesting party.

4.

Service of notice on respondent 2 is, therefore, dispensed with.

Civil Application (CAW) 191/2022 5.

According to the learned counsel for the petitioners, amendment is required in view of the events which have occurred during the pendency of the petition.

2 w.p. 5456.2014.odt 6.

While learned counsel for respondent 1, Mr. Aurangabadkar objects, considering that subsequent events are proposed to be incorporated, civil application is allowed.

7.

Amendment be carried out within a week.

8.

Copy of the amended petition be supplied to the learned counsel for respondent 1 and the learned Assistant Government Pleader.

9.

The respondents are at liberty to file additional / further affidavits in response.

JUDGE wasnik YUVRAJ WASNIK