Bombay High Court Allows Intervention Application in Writ Petition — Applicant to be Added as Party Respondent. Court permits Maharashtra Krishna Valley Development Corpn to intervene in pending writ petition with no objection from petitioner.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

This is a brief order by the Bombay High Court disposing of a civil application for intervention in a pending writ petition. The applicant, Maharashtra Krishna Valley Development Corpn, sought to be added as a party respondent in Writ Petition No.83/2018 filed by Bhagyashri Rajesh Kulkarni against the Union of India and others. The petitioner's counsel stated no objection to the intervention. Considering the submissions, the court allowed the application in terms of prayer clause (a), directing the petitioner to add the applicant as a party respondent, carry out appropriate amendment in the writ petition within two weeks, and serve an amended copy on the other side. The civil application was disposed of accordingly.

Headnote

A) Civil Procedure - Intervention Application - Addition of Party Respondent - The applicant sought to be added as a party respondent in a pending writ petition. The petitioner had no objection. The court allowed the application and directed the petitioner to carry out appropriate amendment within two weeks and serve the amended copy. (Paras 1-3)

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Issue of Consideration

Whether the applicant should be allowed to intervene and be added as a party respondent in the pending Writ Petition No.83/2018.

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Final Decision

Civil Application allowed in terms of prayer clause (a). Petitioner directed to add applicant as party respondent, carry out amendment within two weeks, and serve amended copy.

Law Points

  • Intervention application
  • addition of party respondent
  • no objection by petitioner
  • amendment of pleadings
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Case Details

2018 LawText (BOM) (06) 191

Civil Application No.931/2018 in Writ Petition No.83/2018

2018-06-22

K.K. Tated, B.P. Colabawalla

2018:BHC-AS:16130-DB

Mr. Mihir Raut i/b. N.P. Deshpande for the Applicant, Mr. Shubham Misar with Ranjit Shinde i/b. Tanaji Mhatugade for the Petitioner, Mr. Y.R. Mishra for Respondent No.1 in the Writ Petition, Mrs. K.R. Kulkarni, AGP for Respondent State

Union of India & Ors.

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Nature of Litigation

Intervention application in a pending writ petition

Remedy Sought

Applicant sought to be added as a party respondent in Writ Petition No.83/2018

Filing Reason

Applicant wanted to intervene in the writ petition

Issues

Whether the applicant should be allowed to intervene and be added as a party respondent in the pending writ petition.

Submissions/Arguments

Petitioner's counsel had no objection to the intervention application.

Ratio Decidendi

An intervention application may be allowed when the applicant has an interest in the subject matter and the petitioner has no objection.

Judgment Excerpts

Heard. The learned counsel for the Petitioner submits that they have no objection if the Civil Application is allowed. Considering the submissions made by the learned counsel for the parties, following order is passed:

Procedural History

The applicant filed Civil Application No.931/2018 seeking intervention in Writ Petition No.83/2018. The petitioner had no objection. The court allowed the application and directed amendment.

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