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Bombay High CourtCAW/2299/2018

Bhimashankar Virbhadrappa Hiroli (Since Decd.) Through Lrs. v. State Of Maharashtra Through District Collector And ORS.

2019-02-21Hon'Ble Shri Justice K.K. Tated2 pages

21 caw2299-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2299 OF 2018 IN WRIT PETITION NO.8103 OF 2018 Bhimashankar Virbhadrappa Hiroli since deceased, through Legal Heir .. Applicants V/s.

State of Maharashtra and Ors.

.. Respondents Mr.A.S.Kalekar for the applicants None for the respondents

CORAM:

K.K. TATED, J DATED :

FEBRUARY 21, 2019 P.C. :

Heard.

By this Civil Application, Applicant legal heirs of deceased sole Petitioner makes prayer for joining them as party in pending Writ Petition No.8103 of 2018. Sole Petitioner expired on 24.07.2018 and Application is filed on 07.09.2018 i.e. within time.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Civil Mohite 1/2

21 caw2299-18.doc Application and as Civil Application is filed within time, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, the following order is passed:

a.

Applicants are permitted to carry out amendment in Writ Petition No.8103 of 2018 by joining them as legal heirs of deceased Petitioner.

b.

Amendment be carried out on or before 22.03.2019 failing which the Civil Application shall stand dismissed without further reference to the court.

c.

If amendment is carried out within time, Applicants are directed to serve amended copy of Writ Petition on other side immediately thereafter and file affidavit of service to that effect.

d.

Civil Application stands disposed of accordingly. (K.K. TATED, J.) Mohite 2/2