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Bombay High CourtCAW/392/2024ca disposed off

The State Of Maharashtra Revenue And Forest Dept. Through Secretary And 3 Others v. Shri Rambhau S/O Motiram Dhawale And 4 Others

2024-02-22Hon'Ble Shri Justice Anil S. Kilor1 pages

2024:BHC-NAG:2212 wp4076.23.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAW) No.392 OF 2024 IN WRIT PETITION No.4076 OF 2013 (The State of Maharashtra, Revenue and Forest Department, Mantralaya, Mumbai, through its Secretary and others Vs. Shri Rambhau s/o. Motiram Dhawale and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. C.A. Lokhande, AGP for petitioners.

Mr. N.R. Saboo, Advocate for respondent Nos.3 and 4. C ORAM : ANIL S. KILOR, J.

D ATE : 22 nd FEBRUARY, 2024.

1.

Despite the intimation given by the counsel for respondent Nos.3 and 4 vide Pursis dated 24.8.2023 is filed, about the death of respondent Nos.1 and 2, no steps have been taken by the petitioners/State to bring the legal heirs of respondent Nos.1 and 2 on record. Hence, legal heirs of respondent Nos.1 and 2 have filed this application under Order 1 Rule 10 of Civil Procedure Code to join them as party respondents to the present petition.

2.

In the above referred backdrop, the application is allowed.

3.

The petitioners/State is directed to join the legal heirs of respondent Nos. 1 and 2 as respondents. 4.

Necessary amendment be carried out in the petition within a period of three weeks from today. 5.

The application is disposed of.

(ANIL S. KILOR, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 26/02/2024 12:18:41