1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1493 OF 2010 IN WRIT PETITION NO. 7381 of 2008 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Yogesh Naidu with Mr. S. Kulkarni with Mr. Mahesh Ayer i/b India Law Alliance for the applicants. Mr. C.J. Sawant, Senior Advocate with Mr. Nitin Dhumal and Mr. Vishal Ghosalkar for respondent nos.1 and 2. CORAM : D.G. KARNIK, J. DATE : 18TH JUNE 2010 P.C. : 1. By this application, the applicants pray for leave to amend the writ petition so as to join MHADA as a party to the writ petition and also carrying out certain amendments consequential upon joining of MHADA as a party to the writ petition. 2 2. Mr. Sawant appearing for the respondents objects to the prayer and submits that MHADA should not be joined as a party to the writ petition because MHADA was not a party to the original proceedings. 3. It may be noted that the applicants had filed two separate writ petitions one bearing Writ Petition No.7389 of 2008 and another bearing Writ Petition (L) No.431 of 2009. Writ Petition (L) No.431 of 2009 was dismissed by a Division Bench of this Court against which an appeal was carried to the Supreme Court by filing a S.L.P. In that appeal bearing Civil Appeal No.3281 of 2010, the Supreme Court permitted the applicant to withdraw Writ Petition (L) No.431 of 2009 with liberty to raise all contentions in Writ Petition No.7389 of 2008. In my view, since the Supreme Court has permitted the applicants to raise all contentions in Writ Petition No.7389 of 2008, it would be 3 appropriate to permit the petitioner to amend the present writ petition so as to enable him to raise all the contentions. 4. In view of the above, the civil application is allowed. Amendment shall be carried out within 2 weeks. Interim order dated 6th May 2010 passed by this Court is extended for a period of 4 weeks. 5. Consequent to the amendment, the matter would pertain to a Division Bench and would be required to be heard by a Division Bench. The writ petition be placed before the appropriate Division Bench. (D.G. KARNIK, J.)