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Bombay High CourtCAW/2517/2024ca disposed off

Baban S/O Ramchandra Shukla And Others v. The State Of Maha. Thr. Chief Secretary, Fort, Mumbai And Others

2025-01-23Hon'Ble Smt. Justice M. S. Jawalkar3 pages

1 5 wp 895-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.2516/2024 WITH CIVIL APPLICATION (CAW) NO.2517/2024 WITH CIVIL APPLICATION (CAW) NO.2518/2024 WITH CIVIL APPLICATION (CAW) NO.2520/2024 WITH CIVIL APPLICATION (CAW) NO.1359/2024 IN WRIT PETITION NO.895/2022 Shri Baban s/o Ramchandra Shukla and others Vs.

The State of Maharashtra, through Chief Secretary, Mantralaya Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Deshpande, Advocate for petitioners Shri S.C. Joshi, AGP for respondents/State CORAM :

SMT. M.S. JAWALKAR, J.

DATED : 23/01/2025 CIVIL APPLICATION (CAW) NO.2516/2024 .

The present application is filed for condonation of delay in setting aside abatement in bringing legal representatives of petitioner No.3. For the reason stated in the application, the application is allowed.

Delay in filing application is hereby condoned.

2 5 wp 895-2022 CIVIL APPLICATION (CAW) NO.2517/2024 WITH CIVIL APPLICATION (CAW) NO.2518/2024 .

For the reasons stated in the application, the application is allowed.

As right to sue survive, permission is granted to the petitioner to bring on record the legal representatives of deceased petitioner No.3.

Abatement if any is set aside.

4.

Both the applications stand disposed off accordingly.

CIVIL APPLICATION (CAW) NO.2520/2024 .

The present application is filed for grant of permission to correct the address of respondent No.7. Permission is granted.

Necessary amendment to be carried out within one week.

4.

After amendment is carried out, issue notice to respondent No.7, returnable on 12/02/2025. 5.

CIVIL APPLICATION (CAW) NO.1359/2024 .

The present application is filed for grant of permission to amend the petition. It is submitted that by way of this amendment, some subsequent developments occurred and suit in Regular Civil Suit No.48/2012 filed by the petitioners against the

3 5 wp 895-2022 respondents came to be decreed, which has bearing with the facts involved in this petition. As such, application is allowed.

Necessary amendment to be carried out within one week.

After amendment is carried out, issue notice to the respondents, returnable on 12.02.2025. 4.

Learned AGP waives notice for respondent Nos.1 to 6.

5.

JUDGE R.S. Sahare