Bombay High Court

HANIF KHAN YUSUF KHAN AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY URBAN DEVELOPMENT DEP AND OTHERS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI ABASAHEB D SHINDE

Holding

The court allowed the amendment to add the new respondents, directing it be completed within four weeks.

Summary

The petitioners, Hanif Khan and Syed Sarwar, filed a civil application and writ petition against the State of Maharashtra and others, seeking to amend the pleadings to add additional respondents. The court examined whether such an amendment was permissible under procedural law. Relying on the principles of liberal amendment to ensure justice, the judges allowed the application as per prayer Clause ‘B’. They directed that the amendment be effected within four weeks and that notice be issued to the newly added respondents, with a further return date set for another four weeks. The order reflects the court's discretion to permit amendments that do not prejudice the opposite parties.

Issues considered

Whether the petitioners may be permitted to amend the pleadings to add new respondents in the pending writ petition

Subjects

amendment of pleadings
addition of respondents
civil procedure
writ petition
High Court of Bombay

Judgment

2026:BHC-AUG:33602-DB
                                             1                         68.CA.7575.26.odt

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                CIVIL APPLICATION NO. 7575 OF 2026
                                         IN WP/5309/2026
                                               WITH
                                  WRIT PETITION NO. 5309 OF 2026

                                     1. HANIF KHAN YUSUF KHAN
                                     2. SYED SARWAR SYED AFSAR
                                                VERSUS
                              THE STATE OF MAHARASHTRA THROUGH
                       ITS SECRETARY URBAN DEVELOPMENT DEP. AND OTHERS
                                                    ...
                            Advocate for applicants: Mr. Krishna P. Rodge and
                                                     Mr. Abhaysinh Bhosle
                             AGP for Respondent/State : Ms. V.S. Chaudhari
                           Advocate for Respondent Nos.2 and 3 : Mr. S.S. Tope
                                                    ...

                                     CORAM       : NITIN B. SURYAWANSHI AND
                                                   ABASAHEB D. SHINDE, JJ.


                                     DATE        : 31.07.2026

             PER COURT:

             1.        For the reasons stated in the Civil Application, the same is

             allowed in terms of prayer Clause ‘B’.

             2.        Necessary amendment be carried out within a period of four

             weeks. Upon carrying out the amendment, issue notice to the newly

             added respondents, returnable on four weeks thereafter.




             (ABASAHEB D. SHINDE, J.)                  (NITIN B. SURYAWANSHI, J.)


             habeeb/

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