Bombay High Court Allows Civil Application to Tag Matter with PIL and Permits Advocate to Argue. The court directed that the matter be placed along with PIL No.16/2002 and permitted Shri R. Kulkarni to argue on behalf of the petitioner.

High Court: Bombay High Court
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Case Note & Summary

The judgment pertains to a Civil Application filed in a pending Writ Petition. The petitioners, Prathmesh and Others, sought certain reliefs. The court, after hearing the parties in person and the counsel for the Union of India, considered the contentions and prayers. It found that interest of justice would be served by allowing the application only in terms of prayer (c), which directed that the matter be placed along with PIL No.16/2002 before an appropriate bench and permitted Shri R. Kulkarni to argue on behalf of the petitioner. The Civil Application was accordingly disposed of.

Headnote

A) Civil Procedure - Tagging of Matters - Civil Application for Tagging - The court allowed the application to tag the matter with PIL No.16/2002 and permitted Shri R. Kulkarni to argue on behalf of the petitioner, holding that interest of justice would be served (Para 1).

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Issue of Consideration

Whether the Civil Application should be allowed for tagging with PIL and permitting an advocate to argue.

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Final Decision

Civil Application allowed in terms of prayer (c) only; matter to be placed along with PIL No.16/2002 before appropriate bench; Shri R. Kulkarni permitted to argue on behalf of petitioner; Civil Application disposed of.

Law Points

  • Civil Application
  • Tagging of matters
  • Permission to argue
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Case Details

2005 LawText (BOM) (02) 166

Civil Application No. 2934 of 2004 in Writ Petition No. 3420 of 2002

2005-02-03

V.G. Palshikar, Smt. Nishita Mhatre

Petitioner in person, Shri S.V. Pakale for Union of India

Prathmesh & Others

Union of India & Others

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Nature of Litigation

Civil Application in a pending Writ Petition

Remedy Sought

To allow the Civil Application and tag the matter with PIL No.16/2002 and permit Shri R. Kulkarni to argue

Filing Reason

To seek tagging of the matter with PIL and permission for an advocate to argue

Issues

Whether the Civil Application should be allowed for tagging with PIL and permitting an advocate to argue

Submissions/Arguments

Parties in person and counsel for Union of India were heard

Ratio Decidendi

Interest of justice would be served by allowing the Civil Application to tag the matter with PIL and permitting an advocate to argue.

Judgment Excerpts

Having considered the contentions and prayers made in this application, in our opinion, interest of justice would be made if this Civil Application is allowed in terms of prayer (c) only.

Procedural History

Civil Application No. 2934 of 2004 was filed in Writ Petition No. 3420 of 2002. The court heard the parties and disposed of the application on 3-2-2005.

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