Bombay High CourtCAW/583/2018dispossed offdismiss for default

Smt. Parvatibai Wd/O Dashrath Behar And Another v. State Of Maharashtra Through Secretary, Department Of Urban Land Development, Mumbai And Others

2018-03-14Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (W) NO.583/2018 in WRIT PETITION NO.2761/2017 (Parvatibai wd/o Dashrath Behar and another vs. State of Maharashtra and others) ..................................................................................................................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. P.D. Meghe, Advocate for the applicants/petitioners Mr. J.Y.Ghurde, Assistant Government Pleader for respondents 1 to 3 Mr. H N Verma, Advocate for respondent no.4 CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ.

DATED : 14th March, 2018.

Heard.

By this Application, the applicants seeks the joinder of Naib Tahsildar as a party-respondent and also seeks to amend the prayer clause for a direction against the Naib Tahsildar to submit the report to this Court regarding actual possession of the land.

We would permit the applicants to join the Naib Tahsildar as a party-respondent but we would not permit the applicants to amend the petition with a view to seek the direction as proposed to be sought. The applicants are required to prove their case. If the respondents fail to produce any document, they would face the consequences thereof. Hence, we allow the Application only in respect of the prayer for the joinder of the Naib Tahsildar as a party-

respondent. The amendment should be carried out forthwith. The learned Assistant Government Pleader waives notice on behalf of the newly added party. The Civil Application stands disposed of accordingly. W.P.NO. 2761/2017.

Stand over to next week for further consideration. JUDGE JUDGE sahare