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Bombay High CourtIA/1791/2025allowed

Akanksha Constructions Through Partner v. Smt. Nirmala Namdeo Wagh And ANR

2025-02-21Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Shyam C. Chandak2 pages

HEMANT CHANDERSEN SHIV H. C. Shiv 4-IA-1791-2025.doc HEMANT CHANDERSEN SHIV Date: 2025.02.27 11:50:35 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1791 OF 2025 IN WRIT PETITION NO.11430 OF 2022 Akanksha Constructions Through Its Partner Nihal Allaudin Shaikh .. Applicant

IN THE MATTER BETWEEN

Smt. Nirmala Namdeo Wagh And Anr.

.. Petitioners Vs.

The State of Maharashtra and Ors.

.. Respondents ___________________________________________ Mr. Sangramsinh Yadav, for the Applicant.

Mr. Nilesh Wable, for the Petitioners in WP/11430/2022. Ms. M. P., Thakur, AGP, for the Respondent No.1-State. Mr. Rajdeep Khadapkar, for the Respondent-PMC. Mr. Shivram Gawade i/b Mr. Deepak More, for the Respondent No.4. Mr. Ajay Raje Nimbalkar i/by Mr. S. S. Patwardhan, for the Respondent No.5 ___________________________________________ CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 21st FEBRUARY, 2025.

P. C.:- 1) This Application is for intervention by the developer of the suit property, appointed by Respondent No.5-Society. Taking into consideration overall view of the matter and the fact that the contract is executed between Respondent No.5 and the Applicant, the impleadment of Applicant in the Petition is necessary. Petitioners have no serious objection to implead 1/2

H. C. Shiv 4-IA-1791-2025.doc the Applicant as Respondent No.6.

2) In view thereof and for the reason stated in the Application, Application is allowed in terms of prayer clause (a). 3) Necessary amendment in the record of the Court and simultaneously in the copies served on the learned Advocates for Respondents be carried out within a period of two weeks from the date of uploading of this Order on the official website of the Bombay High Court. (SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.) 2/2