Bombay High CourtCAW/318/2016admittedallwdgrantedrule absolute

State Of Maha., Thr. Sect., Govt. Of Maha., Mumbai And Another v. Kisanlal Madanlal Vyas

2016-02-09Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.S. Chandurkar2 pages

0902caw318.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION W. NO.318/2016, WITH CIVIL APPLICATION W. NO.319/2016 WITH CIVIL APPLICATION W. NO.320/2016 IN WRIT PETITION NO.2164/2003 State of Maharashtra, through Secretary, Government of Maharashtra, Mantralaya, Mumbai and another ...Versus...

Kisanlal Madanlal Vyas - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. K.S. Joshi, AGP for petitioners/applicants Shri N.R. Saboo, Advocate for respondent CORAM : SMT. VASANTI A. NAIK AND A. S. CHANDURKAR, JJ.

DATE : 09.02.2016 Heard the learned Assistant Government Pleader for the applicants and the learned Counsel for the original respondent.

It would not be necessary to issue notices to the legal representatives of the deceased respondent, though there is a delay in filing the application for substitution as the provisions of the Code of Civil Procedure pertaining to the condonation of delay and setting aside abatement would not strictly apply to the proceedings under Article 226 of the Constitution of India. Also,

0902caw318.16.odt we find that the delay is satisfactorily explained. The applicants became aware about the death of the respondent after the Counsel for the respondent filed a pursis that the respondent had expired leaving the legal representatives mentioned in the pursis. Hence, the civil applications are allowed and disposed of. The amendment should be carried out within a period of two weeks. After the amendment is carried out, issue notice to the newly added respondents for hearing of the writ petition, on merits.

JUDGE JUDGE Wadkar