Najma Aslam Merchant v. The State Of Maharashtra Through Government Pleader

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3150 OF 2024 IN EXECUTION APPLICATION (L) NO. 29699 OF 2024 NAJMA ASLAM MERCHANT AND ANOTHER )... APPLICANTS V/s.

THE STATE OF MAHARASHTRA AND OTHERS )... RESPONDENTS WITH INTERIM APPLICATION NO. 1009 OF 2026 Mr.Hrushi Narvekar a/w. Ms.Durgeshwari Paliwal, Ms.Shyna Saheed i/by Vashi and Vashi, Advocate for the Applicants in IA/1009/2026. Mr.Pratik Garde a/w. Mr.Rohit Gaikwad, Advocate for the Respondents no.4 to 6 - BMC.

Ms.Yashashree Raut h/f. Mrs.Manisha Jagtap, Advocate for the Respondent - MHADA.

Mr.Kalpesh Joshi a/w. Mr.Narendra Devvansh i/by Kalpesh Joshi Associates, Advocate for the Respondents no.7, 9 and 10 in IA/3150/2024.

Ms.Nazia Shaikh, AGP for the Respondent no.1 - State of Maharashtra.

CORAM

:

ABHAY AHUJA, J.

DATE :

16th April 2026 P.C. :

1.

Mr.Kalpesh Joshi, learned Counsel, appears for the Respondents no.7, 9 and 10 and submits that to the reply filed by the MHADA and ARTI VILAS KHATATE by ARTI VILAS KHATATE Date:

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BMC in the Interim Application No.3150 of 2024, he has instructions to file a response. Let the said response be filed within a period of three weeks with a copy to the others.

2.

List on 12th June 2026.

INTERIM APPLICATION NO. 1009 OF 2026 3.

Mr.Narvekar, learned Counsel, appears for the Applicants and submits that this Interim Application seeks to bring on record the heirs / legal representatives of the deceased Respondent no.8 in the Execution Application as well as the Interim Applications. Mr.Narvekar submits that the heirs / legal representatives as mentioned in paragraph 4 of the said application have been served and the Affidavit of service is filed. The Court Associate informs that the service has been effected upon the persons mentioned in paragraph 4 of the application.

4.

The other learned Counsel appearing in the matter have no objection if the Interim Application is allowed. 5.

Having heard the learned Counsel and having considered the submissions, this Court is of the view that the Interim Application be avk 2/3

allowed in terms of the schedule as the other heirs are already parties as Respondents no.9 and 10.

6.

Let the amendments be carried out within a period of three weeks and let the amended proceedings be served in two weeks thereafter and an appropriate Affidavit of service be filed. 7.

The Interim Application accordingly stands allowed and disposed as above.

(ABHAY AHUJA, J.) avk 3/3