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Bombay High CourtIA/9329/2025allowed

Chirag Shashikant Shah And ORS v. Evelyn P Pereira Since Dec Thr Her Legal Heirs And ORS

2025-12-24Hon'Ble Shri Justice Manish Pitale , Hon'Ble Shri Justice Shreeram Vinayak Shirsat2 pages

28 IA 9329 OF 2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9329 OF 2025 IN WRIT PETITION NO. 3702 OF 2025 Chirag Shashikant Shah and Ors.

...Applicants

IN THE MATTER BETWEEN :

Mrs. Evelyn Paul Pereira (Since deceased, through her LRs) 1A. Mr. Joseph Paul Pereira and Ors.

... Applicants

Versus

The State of Maharashtra and Ors.

...Respondents

WITH INTERIM APPLICATION NO. 15159 OF 2024 IN WRIT PETITION NO. 3702 OF 2025 Mr. Kailas Dewal a/w. Mr. Yash Dewal, advocate for the Petitioners. Mr. Niranjan Shimp a/w. Rivaa Kadam and Bhagyashri Waghmare, advocate for Respondent No.7.

CORAM:

MANISH PITALE & MANJUSHA DESHPANDE, JJ.

DATED:

24 DECEMBER 2025.

PC:- 1.

This Application seeks the substitution of the names of the applicants in place of the original petitioners, in order to pursue the writ petition. This application is filed based on the registered Digitally signed by RAJESHRI PRAKASH AHER Date:

2025.12.24 16:08:08 +0530 deed of transfer of actionable claim dated 25.02.2025. RAJESHRI PRAKASH AHER 24 December 2025 Rajeshri Aher

28 IA 9329 OF 2025.DOC 2.

Considering the nature of the aforementioned registered document and the fact that the original petition concerns the Petitioners' claim for the acquisition of a specific piece of land, which has already been utilized by the respondent, Mahanagar Telephone Nigam Limited, Mumbai, ("M.T.N.L.", for short)we are of the opinion that the Respondent-State ought to be heard before this Application is disposed of.

3.

Today, there is no appearance on behalf of the RespondentState, while learned counsel for the M.T.N.L. is presented before this Court. List on 14.01.2026, to be listed High on Board. (MANJUSHA DESHPANDE, J.) (MANISH PITALE, J.) { 24 December 2025 Rajeshri Aher