-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1284 OF 2010 IN WRIT PETITION NO. 4762 OF 2005 Rajendra Tipanna Jadhav and another ... Applicants vs. The State of Maharashtra and others ...Respondents Mr. U.P. Warunjikar for the applicants. Mr. C.R. Sonawane, AGP, for the State. Mr. J.G. Reddy for respondent No.3. CORAM: P.B. MAJMUDAR & R.G. KETKAR, JJ. DATE: APRIL 28, 2010. P.C. Learned counsel for the applicants submits that since respondent No.5 has retired from the services, he could not serve the said respondent and the matter is dismissed for default. He states that at this stage, presence of respondent No.5 may not be necessary in the present proceedings. The only objection which is raised by the Registry can be met with by deleting respondent No.5 from the array of parties for the time being and in future if any exigency arises, he may revive the said request for joining him again. Considering the said submission, the writ petition is restored to file. Civil Application is allowed in the aforesaid terms. -2- 2. The name of respondent No.5 shall stand deleted from the writ petition in view of the submission of Mr. Warunjikar. Liberty is granted to the applicants to join respondent No.5 if any exigency arises in future. Cause title of the writ petition be amended accordingly. P. B. MAJMUDAR, J. R.G. KETKAR, J.