Narendra Mahadeo Kambekar v. Sidhling Raghunath Sakhare And ORS

Gayatri

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2112 OF 1997 Mahadeo Pandurang Kambekar ... Petitioner vs.

Sidhling Raghunath Sakhare ... Respondent WITH INTERIM APPLICATION NO. 938 OF 2024 IN WRIT PETITION NO. 2112 OF 1997 Narendra Mahadeo Kambekar ... Petitioner vs.

Sidhling Raghunath Sakhare ... Respondent WITH CIVIL APPLICATION NO. 991 OF 2005 IN WRIT PETITION NO. 2112 OF 1997 Pratapsinh Shoorji Vallabhada and Ors ... Applicants vs.

Mahadeo Pandurang Kambekar and Ors ... Respondents 1/4

WITH INTERIM APPLICATION NO. 3102 OF 2021 IN WRIT PETITION NO. 2112 OF 1997 Bhandup Estate Holder thru ITSC Coowner Rajababulal Majethia ... Applicants vs.

Mahadeo Pandurang Kambekar and Ors ... Respondents WITH CIVIL APPLICATION (ST) NO. 497 OF 2007 IN WRIT PETITION NO. 2112 OF 1997 Mahadeo Pandurang Kambekar and Ors ... Applicants vs.

Sidhling Raghunath Sakhare ... Respondent Mr. Uday Bobde for Petitioner a/w. Suresh V. Rajeshwar for petitioner. In WP/2117/97.

Mr. Vishwajeet S. Kapse, Advocate for Applicant in IA/3102/21. CORAM : GAURI GODSE, J.

DATE :

8th FEBRUARY 2024 P.C.

Civil Application No. 991 of 2005 2/4

1.

Learned counsel appearing for the applicants states that respondent no. 19 in the writ petition i.e. N. J. Mehta who is Constituted Attorney of Bhandup Estate Holder has expired. He therefore submits that the application is filed by members of Bhandup Estate Holder for adding them as party respondents. He further submits that deceased N. J. Mehta was Constituted Attorney of these applicants and now Bhandup Estate Holder will be represented by these applicants. He has already filed his Vakalatnama on their behalf. 2.

In view of the aforesaid, petitioner is permitted to carry out amendment in the cause title of the writ petition for deleting the name of N. J. Mehta.

3.

In view of the said amendment, respondent no. 19 be read as Bhandup Estate Holder. Amendment to be carried out within two weeks. Civil application stands disposed of in above terms. Interim Application No. 938 of 2024 4.

Issue notice to opponent nos. 1 to 10 as per the cause title of the present application. Notice is made returnable after four weeks. 3/4

5.

Mr. Kapse waives notice on behalf of the opponent nos. 1 to 7. He submits that he has instructions to appear for them and their names may be added as party respondents to the writ petition. Hence, petitioner is permitted to amend the writ petition and add these opponent nos. 1 to 7 as party respondents in the writ petition. 6.

Hence, office is directed to issue notice only to respondent nos. 8 to 10, returnable after four weeks. In addition to Court notice, petitioner to serve remaining opponent nos. 8 to 10, by private notice and file affidavit of service before the next date. Civil Application No. 497 of 2007 7.

Learned counsel for the petitioner states that the said application is already allowed. Office is directed to verify the same. 8.

Stand over to 7th March 2024.

[GAURI GODSE, J.] 4/4