Smt. Indrarani Ugarsen v. Dy Collector And Competent Authority And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1217 OF 2026 IN WRIT PETITION NO.3105 OF 1995 Smt. Indrarani Ugarsen ... Applicant In the matter between:

Smt. Indrarani Ugarsen ... Petitioner V/s.

Dy. Collector (Encro.)And Competent Authority And Ors.

... Respondents SHARADA RANGNATH WAHULE SHARADA RANGNATH WAHULE Date: 2026.03.07 16:50:47 +0530 ____________________________________ Mr. Pradeep Thorat i/b Ms. Aditi Naikare, Advocate for Petitioner / Applicant.

Ms. Vaishali P. Benere a/w. Mr. Kamalakar L. Koli, Advocate for Respondent Nos.3 to 53.

Mr. Sandip Babar, AGP for State/Respondent No.2. ____________________________________

CORAM

: ABHAY AHUJA, J.

DATED : 5th MARCH 2026 P.C.:

INTERIM APPLICATION NO.1217 OF 2026 1.

This Interim Application seeks to bring on record the heirs of deceased Respondent No.7 after condoning the delay of 3 years and 171 days and setting aside the abatement.

[ 2.

When the matter is called out, Mr. Thorat, learned counsel appears for the Applicant, and submits that only recently information

with respect to the death of the Respondent No.7 and the legal representatives were furnished and therefore soon thereafter, the Interim Application has been filed.

3.

Ms. Benere, learned counsel appearing for the legal heirs of deceased Respondent No.7 has no objection if the Interim Application is allowed and the legal representatives are brought on record. 4.

Having heard the learned counsel and having considered the submissions, this Court is of the view that the delay be condoned, the abatement be set aside, and the legal representatives of the deceased Respondent No.7 as contained in the Interim Application be bought on record.

5.

The Interim Application accordingly, stands allowed in terms of prayer clauses (a), (b) and (c) which read thus:- "(a) That by an Order of this Hon'ble Court, the delay of 3 years 171 days caused in filing the present Interim Application may kindly be condoned.

(b) That by an Order of this Hon'ble Court abatement if any as against the Respondent No.7 be set aside.

(c) That by an Order of this Hon'ble Court, Applicant be permitted to bring the proposed Respondent Nos.7(a) as Respondent Nos.7(a) being the heir and legal representative of the deceased Respondent No.7 as mentioned in Schedule and be

permitted to amend the Cause title in Writ Petition No.3105 of 1995."

6.

Let the amendments be carried out within a period of two weeks, and the amended proceedings be served within two weeks thereafter and an appropriate affidavit of service be filed. 7.

Ms. Benere, learned counsel appearing for the Respondents, waives service.

8.

The Interim Application accordingly, stands allowed and disposed as above.

9.

List the Writ Petition on 23rd April, 2026.

( ABHAY AHUJA J.)