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Bombay High CourtIA/13416/2024disposed off

Late Sambhaji S/O Late Sh. Savkar Jadhav Thr. Lrs. Kalpana Wo Late Sh Sambhaji Jadhav v. State Of Maharashtra, Through Government Pleader

2024-10-01Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

904-IA-13416-2024 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13416 OF 2024 IN WRIT PETITION NO. 10077 OF 2015 Late Sambhaji S/o Late Sh. Savkar Jadhav Thr. Lrs. Kalpana W/o Late Sh. Sambhaji Jadhav ...Applicant

Versus

State of Maharashtra, Through Government Pleader & Anr.

...Respondents

Ms Nicky Pokar i/b. Partho Sarkar, Advocate for the Applicant. Mr M.M. Pabale, AGP, for Respondent State.

Mr. Shailesh D. Chavan, for Respondent No.2.

CORAM

: G. S. KULKARNI & SOMASEKHAR SUNDARESAN, JJ.

DATE : OCTOBER 1, 2024 PC :

1.

By this Application, a prayer is made for the applicants to be brought on record as the legal heirs of the sole Petitioner who has expired during the pendency of the Petition on 31st May 2024. October 1, 2024 Pallavi Wargaonkar, PS

904-IA-13416-2024 (C).doc 2.

Having perused the averments as made in the application in our opinion and in the interest of justice, that the application be allowed in terms of prayer clause (A), (A1) and (B) which read thus: "A. This Hon'ble Court may be pleased to amend the name of Kalpana Jadhav W/o Late Sh. Sambhaji Jadhav, Nahush Jadhav S/o Late Sambhaji Jadhav and Rajas D/o Late Sh. Sambhaji Jadhav as petitioner's legal heirs for pursuing the captioned Writ Petition. A1. There is a five day delay in filing the captioned application since the advocate for the applicant was unwell and could not attend office, hence a delay be condoned.

B.

In terms of prayer clause 'A' in the cause-title, the name of the petitioner be permitted to be amended as - Late Sambhaji Jadhav (through legal heirs)."

3.

Necessary amendment be carried out during the course of the day.

4.

Interim application stands disposed of in the aforesaid terms. [ SOMASEKHAR SUNDARESAN, J.] [G. S. KULKARNI, J.] October 1, 2024 Pallavi Wargaonkar, PS Signed by: Pallavi M. Wargaoankar Designation: PS To Honourable Judge Date: 01/10/2024 20:51:04