Bombay High CourtCAW/763/2016admittedallwdgrantedrule absolute

Ishwardas Sawaldas Mukhi And Others v. The State Of Maharashtra Through Urban Development Dept. Mumbai And Others

2016-04-16Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

caw763.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAW) NO.763 OF 2016 IN WRIT PETITION NO.1734 OF 2013 Ishwardas Sawaldas Mukhi and ors ..vs..

The State of Mah., thr its Secretary, Urban Development Department, Mantralaya, Mumbai and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri V.V. Bhangde, counsel for the applicants/petitioners. Shri M.I. Dhatrak, counsel for R-4.

Shri Abhay Sambre, counsel for R-3.

Shri Fulzele, AGP for R-1.

CORAM

: B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

DATED : APRIL 16, 2016.

Heard.

We find that the only property shown by petitioner No.2 M/s. Gima Manufacturing Private Ltd. and challenge pertaining to it can be allowed to be amended in the present petition. Insofar as other properties are concerned, there is prayer to permit addition of Prashant Kumar s/o Basantkumar Mohta as petitioner No.8 and a partnership firm by name M/s. Dadabhai Potteries as petitioner No.10. These persons who are not parties can, therefore, raise appropriate grievance by filing fresh petition in relation to their .....2/-

caw763.16 properties.

With the said liberty, we partly allow the civil application. Necessary amendment be carried out within a period of one week. Liberty to the respondents to file their additional replies/affidavits within a further period of two weeks.

Subject to filing of such additional replies/affidavits by the respondents, interim order passed by this Court on 1.4.2013 shall also apply to the appeals in relation to added properties filed by petitioner No.2.

JUDGE JUDGE !! BRW !!

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