Bombay High Court
HARUN SAMADSAB SHAIKHversusTHE COLLECTOR LATUR AND ORS
- Disposal
- DISPOSED OFF
Holding
The amendment to add the omitted parties to the writ petition is allowed.
Summary
The applicant filed a civil application seeking to amend an existing writ petition by adding eight original judgment debtors as parties, alleging they were inadvertently omitted. The court examined whether such an amendment could be permitted under procedural rules. It held that the amendment was permissible and ordered the amendment to be effected within two weeks, with notice to be issued to the added respondents and a return date set for 18 September 2026. Consequently, the civil application was allowed and disposed of. The order also directed compliance with the amendment and notice procedures.
Issues considered
- Whether a civil application can be entertained to amend a writ petition by adding omitted parties
Subjects
- amendment of writ petition
- addition of parties
- civil application
- procedural law
- high court
Judgment
2026:BHC-AUG:38258
1 908-CA-9449-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 9449 OF 2026
WITH
908 WRIT PETITION NO. 4329 OF 2026
Harun Samadsab Shaikh
VERSUS
The Collector Latur And Ors
...
Ms.Tejshree Nalawade h/f Ms.Anjali Dube for the Applicant.
Ms. Vaishali Chaudhari, AGP for the State.
Mr.S.S. Manale for Respondent No.7.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 21.08.2026
PER COURT :
1. The Civil Application is filed for adding parties to the Writ
Petition by amending the Writ Petition. It is submitted that Original
Judgment Debtors Nos.1 to 8 as mentioned in Paragraph No.2 in the Civil
Application are necessary parties and inadvertently they were remained
to be added. Therefore, the Applicant is seeking necessary amendment in
the Writ Petition. By adding Original Judgment Debtors Nos.1 to 8 in the
title clause of the Petition.
2. For the reasons stated in the application, the Civil
Application is allowed in terms of Prayer Clause [B]. The Civil
Application stands disposed off.
Sunny Thote
2 908-CA-9449-2026.odt
3. In the Writ Petition, amendment to be carried out within two
weeks. After carrying out amendment, issue notice to the added
Respondents, returnable on 18th September, 2026.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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