Lailabi Raosaheb Nadaf v. Municipal Corporation Of Greater Mumbai

by ARUNA SANDEEP TALWALKAR Date:

2025.04.16 20:01:47 +0530 ARUNA SANDEEP TALWALKAR 4.WP4834.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4834 OF 2024 Lailabi Raosaheb Nadaf.

... Petitioner.

Versus

Municipal Corporation of Greater Mumbai & Ors. ... Respondents. **** Mr. Pranshul Dube, i/b. Vidvat Associates, for the Petitioner. Mr. Sumeet Palsuledesai i/b. M.V. Kini & Co., for Respondent No. 2. **** CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

15th APRIL, 2025 P.C. :

1.

We have perused our order dated 1st April, 2025. 2.

The learned Advocate for the Petitioner submits that the second wife will share the pensionary benefits with the children of the first wife. Apparently, this is in opposition to the law laid down by the Full Bench of this Court in Writ Petition No. 9933 of 2016 (Kamalbai w/o Venkatrao Nipanikar v/s. The State of Maharahstra & Ors.) & Other connected Petitions1.

2019 (3) Mh.L.J. 921 Talwalkar

4.WP4834.2024.odt 3.

The learned Advocate for the Petitioner submits that the Petitioner desires to withdraw this Petition. 4.

We decline to issue any direction to the BEST to grant sharing of pensionary benefits between the Petitioner, who claims to be a second wife who had married the deceased during the life time of the first wife, along with the children of the first wife. 5.

In view of the above, this Petition is disposed off as withdrawn on instructions.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Talwalkar