Disposed

Narendra Mahadeo Kambekar v. Sidhling Raghunath Sakhare and Ors.

Bombay HC7 Mar 2024IA/938/2024

Case brief

AI extract

What is this about?

The bench disposed of procedural miscellaneous applications in a long-pending writ petition. Permitted an amendment to remove a deceased representative and add new opposing parties. Directed issuance of notices.

What did the court decide?

Amendment of cause title permitted to delete deceased respondent name and add new party respondents; notice issued to remaining opponents.

Narendra Mahadeo Kambekar vs Sidhling Raghunath… — Writ and Judicial Review | Bombay HC (2024)

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211-WP-2112.97.docx

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Gayatri

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 2112 OF 1997

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Mahadeo Pandurang Kambekar … Petitioner vs. Sidhling Raghunath Sakhare … Respondent

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WITH

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INTERIM APPLICATION NO. 938 OF 2024

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WRIT PETITION NO. 2112 OF 1997

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Narendra Mahadeo Kambekar … Petitioner vs. Sidhling Raghunath Sakhare … Respondent

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WITH

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CIVIL APPLICATION NO. 991 OF 2005 IN WRIT PETITION NO. 2112 OF 1997

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Pratapsinh Shoorji Vallabhada and Ors … Applicants vs. Mahadeo Pandurang Kambekar and Ors … Respondents

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211-WP-2112.97.docx

WITH

INTERIM APPLICATION NO. 3102 OF 2021 IN

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WRIT PETITION NO. 2112 OF 1997

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Bhandup Estate Holder thru ITSC Co… Applicants owner Rajababulal Majethia

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vs.

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Mahadeo Pandurang Kambekar and Ors … Respondents

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WITH CIVIL APPLICATION (ST) NO. 497 OF 2007 IN WRIT PETITION NO. 2112 OF 1997

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Mahadeo Pandurang Kambekar and Ors … Applicants

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vs.

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Sidhling Raghunath Sakhare … Respondent

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Mr. Uday Bobde for Petitioner a/w. Suresh V. Rajeshwar for petitioner. In WP/2117/97.

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Mr. Vishwajeet S. Kapse, Advocate for Applicant in IA/3102/21.

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CORAM : GAURI GODSE, J.

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DATE : 8^th FEBRUARY 2024

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P.C.

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Civil Application No. 991 of 2005

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211-WP-2112.97.docx

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Learned counsel appearing for the applicants states that respondent no. 19 in the writ petition i.e. N. J. Mehta who is Constituted Attorney of Bhandup Estate Holder has expired. He therefore submits that the application is filed by members of Bhandup Estate Holder for adding them as party respondents. He further submits that deceased N. J. Mehta was Constituted Attorney of these applicants and now Bhandup Estate Holder will be represented by these applicants. He has already filed his Vakalatnama on their behalf.

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In view of the aforesaid, petitioner is permitted to carry out amendment in the cause title of the writ petition for deleting the name of N. J. Mehta.

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In view of the said amendment, respondent no. 19 be read as Bhandup Estate Holder. Amendment to be carried out within two weeks. Civil application stands disposed of in above terms.

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Interim Application No. 938 of 2024

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Issue notice to opponent nos. 1 to 10 as per the cause title of the present application. Notice is made returnable after four weeks.

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211-WP-2112.97.docx

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Mr. Kapse waives notice on behalf of the opponent nos. 1 to 7.

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He submits that he has instructions to appear for them and their names may be added as party respondents to the writ petition. Hence, petitioner is permitted to amend the writ petition and add these opponent nos. 1 to 7 as party respondents in the writ petition.

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Hence, office is directed to issue notice only to respondent nos. 8 to 10, returnable after four weeks. In addition to Court notice, petitioner to serve remaining opponent nos. 8 to 10, by private notice and file affidavit of service before the next date.

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Civil Application No. 497 of 2007

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Learned counsel for the petitioner states that the said application is already allowed. Office is directed to verify the same.

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Stand over to 7^th March 2024.

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[GAURI GODSE, J.]

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Narendra Mahadeo Kambekar v. Sidhling Raghunath Sakhare and Ors.

Case brief

What is this about?

What did the court decide?

Narendra Mahadeo Kambekar v. Sidhling Raghunath Sakhare and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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