Anant Sakharam Vichare And ORS v. Sakharam Krishna Vichare And ORS

2025:BHC-AS:43289-DB 7.IA9623_2025.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9623 OF 2025 IN WRIT PETITION NO. 10073 OF 2024 Anant Sakharam Vichare & Anr.

...

Applicants In the matter between Sakharam Krishna Vichare ...

Petitioner

Versus

State of Maharashtra & Ors.

...

Respondents _______ Mr. Amar Gharte for the applicants/petitioners. Mr. Ashok B. Tajane for respondent nos. 4 & 5. _______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

6 October, 2025 P.C.

1.

This Interim Application is filed for bringing on record the legal heirs of original petitioner-Sakharam Krishna Vichare, who expired on 22 May, 2025. 2.

Mr. Tajane, learned counsel for respondent nos. 4 and 5 has pointed out that the petitioner has filed the earlier petition on the Original Side. Also the cause of action in the present petition is required to be pursued in the proceedings filed on Original Side.

3.

Accordingly, let this proceeding be transferred to the Original Side. Learned counsel for the petitioner shall take appropriate steps in that regard. 4.

Leave to amend to make consequential amendments. Let the amendment be carried out within two weeks from today. The final number which would be

7.IA9623_2025.DOC obtained on the proceedings registered on the Original Side shall be furnished to the learned advocate for the respondents. A copy of the amended petition be furnished to the advocate for the respondents. 5.

Interim Application is accordingly allowed. Amendment be carried out within two weeks from today.

6.

We have not examined the contentions of the respondents in regard to the merits of the proceedings including on the locus/legal rights of the legal heirs of the petitioner.

(AARTI SATHE, J.) (G. S. KULKARNI, J.) Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 08/10/2025 15:49:37