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Bombay High CourtIA/14734/2024disposed off

Shri. Manharlal Bhaichand Sanghavi v. The State Of Maharashtra Thr. Secretary Revenue And Forest Department And ORS

2025-03-05Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna2 pages

4. IA14734-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.14734 OF 2024 IN WRIT PETITION NO.8628 OF 2018 Mr. Manharlal Bhaichand Sanghavi Since deceased his legal representatives 1a. Shri Himanshu Manharlal Sanghavi & Anr.

... Applicants.

In the matter between :

Mr. Manharlal Bhaichand Sanghavi ... Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

__________ Mr. V.A. Gangal i/b Ms. Shweta Parab for the Applicants/Petitioner. Adv. N.C. Walimbe, Addl. G.P. a/w Adv. Ketan Joshi 'B' Panel A.G.P. and Adv. T.J. Kapre, A.G.P. for Respondent No.1-State. __________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

5 MARCH 2025 P.C.:

1.

By this Interim Application, the applicants have prayed to bring legal heirs of the deceased Mr. Manharhal Bhaichand Sanghavi, who expired on 20 June 2021, during pendency of these proceedings. 2.

We have perused the averments made in the interim application, filed by the legal heirs/representatives of the deceased petitioner. We find that the averments as set out in the interim application on delay in filing Rajesh Chittewan, PS

4. IA14734-2024.doc such application, more particularly, in paragraphs 2, 3 and 4 thereof, appropriately explain and justify the delay, for us to allow the said application, by condoning such delay in bringing the legal heirs/representatives of the deceased petitioner on record. There is no opposition to this application filed by any of the respondents. 3.

In view of the above, in the interest of justice, we allow the interim application in terms of prayer clause (1).

4.

The rights and contentions of all parties and more particularly of the Applicant Nos.1(a) and 1(b) stated to be the legal heirs/representatives of the deceased petitioner, are expressly kept open. 5.

Let appropriate amendments be carried out within two weeks from the date this order is made available to the parties and the amended copies of the petition be served on all the parties. 6.

Interim Application stands dispsoed of in the above terms. No costs.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] Rajesh Chittewan, PS RAJESH VASANT CHITTEWAN Date: 2025.03.21 18:55:10 +0530 RAJESH VASANT CHITTEWAN