Savita Ram Yadav Thr Ca Linata Sharvan Bansode v. Gopinath Ganu Bansode And ORS

Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3441 OF 2015 Savita Ram Yadav ..Petitioner

Versus

Gopinath Ganu Bansode & Ors

...Respondents

WITH INTERIM APPLICATION NO. 14941 OF 2024 IN WRIT PETITION NO. 3441 OF 2015 WITH INTERIM APPLICATION NO. 14940 OF 2024 IN WRIT PETITION NO. 3441 OF 2015 WITH INTERIM APPLICATION NO. 14939 OF 2024 IN WRIT PETITION NO. 3441 OF 2015 ARUN RAMCHANDRA SANKPAL ARUN RAMCHANDRA SANKPAL Date: 2025.01.31 11:34:33 +0530 Mr. Sagar Kasar, with S.P. Patil, for the Petitioner. Mr. B.G. Ligade, for Respondent Nos. 1, 3(a) to 3(c), 5 and 6. Mr. Akhil Kupade, for Respondent Nos. 7(a) and 10. Ms. Savita Prabhune, AGP, for Respondent No.11-State.

CORAM:

N. J. JAMADAR, J.

DATED :

28th JANUARY 2025 1/4

P.C.:

WRIT PETITION NO. 3441 OF 2015:

1.

The learned Counsel for the Petitioner seeks leave to amend the Petition so as to annex a legible copy of the impugned order. Leave granted.

2.

Necessary amendment be carried out within one week. 3.

Stand over to 25th February 2025.

INTERIM APPLICATION NO. 14940 OF 2024:

4.

Heard learned Counsel for the Applicant.

5.

This Application is filed to bring on record the legal representatives of Respondent No.7 who passed away on 22nd August 2021.

6.

Mr. Kupade, the learned Counsel who appears for deceased Respondent No. 7 submits that there is no dispute about legal representatives of Respondent No.7, who are sought to be impleaded. Mr. Kupade, learned Counsel submits that he has instruction to appear on behalf of proposed Respondent No. 7(a).

7.

In view of the aforesaid submission and for the reasons assigned in the Application and also to advance the cause of substantive justice , the Application stands allowed in terms of prayer clause (a) and (b). 2/4

8.

Issue notice to Respondent No. 7(a) to 7(d) returnable on 25th February 2025.

9.

Mr. Kupade, learned Counsel, waives notice for Respondent No. 7(a).

10.

In addition to notice through Court, the Petitioner is at liberty to serve Respondents 7(a) to 7(d) by private service and file an Affidavit of Service.

Application disposed.

INTERIM APPLICATION NO. 14939 OF 2024:

11.

Heard the learned Counsel for the Applicant.

12.

Issue notice to the proposed Respondent Nos. 9(a) to 9(d) returnable on 25th February 2025.

INTERIM APPLICATION NO. 14941 OF 2024:

13.

Heard the learned Counsel for the parties.

14.

This is an Application for bringing on record the legal representatives of Respondent No. 3(f) who passed away on 26th November 2017.

3/4

15.

Mr. Ligade, the learned Counsel who appears for Respondent Nos. 3(a) to 3(d) submits that there is no dispute about the legal representatives of Respondent No. 3(f) who are proposed to be brought on record as Respondent Nos. 3(f)(1) and 3(f)(2). Mr. Ligade, the learned Counsel, submits that he has instructions to appear on behalf of Respondent Nos. 3(f)(1) and 3(f) (2).

16.

In view of the aforesaid submission and for the reasons assigned in the Application and to advance the cause of substantive justice, the Application stands allowed in terms of prayer clause (a) and (b). 17.

Issue notice to Respondent Nos. 3(f)(1) and 3(f)(2) returnable on 25th February 2025.

18.

Mr. Ligade, learned Counsel waives notice for 3(f)(1) and 3(f)(2) and undertakes to file Vakalatnama on behalf of Respondent Nos. 3(f)

(1) and 3(f)(2).

Application disposed.

[N. J. JAMADAR, J.] 4/4