1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Civil Application No.3743 of 2008 In Letters Patent Appeal No.140 of 2007 In Writ Petition No.838 of 1997 (Decided) (Sukhdeosingh s/o Preetamsingh Panesar v. State of Maharashtra, through its Secretary and others) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri Anand Parchure, Advocate for Appellant. Shri P.D. Kothari, AGP for R- 1 to 3. Shri S.P. Palshikar, Advocate for R- 4 as well as for Applicant. CORAM : A.M. Khanwilkar & R.C. Chavan, JJ. DATE : 6th June, 2008 1. Heard counsel for the parties. 2. Even if the case made out is to be accepted as it is, in our opinion, the applicant cannot be permitted to substitute the original respondent No.4. Instead, the application is partly allowed by permitting the applicant to be impleaded as added respondent No.5. It is, however, made clear that permitting the applicant to be added as respondent No.5 is not expressing any opinion either way with regard to the stand taken by the applicant nor it will prejudice the claim of the appellant in respect of the suit property. 3. The application is allowed on above terms. 4. Amendment be carried out within two weeks. 2 5. The applicant waives service in the main proceedings. JUDGE JUDGE pdl