Smt. Chandbi Mahmud Kazi vs Bismilabai Mahmud Kazi
2023 Latest Caselaw 552 Bom

                                                                      18-SA-39-2023.doc
   Sonali


       Digitally                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       signed by
       SONALI
SONALI MILIND
                                      CIVIL APPELLATE JURISDICTION
MILIND PATIL
PATIL Date:
       2023.01.16
       18:10:57                       SECOND APPEAL NO.39 OF 2023
       +0530
                                                 WITH
                                   INTERIM APPLICATION NO.421 OF 2023

                    Chandbi Mahmud Kazi                          ...Appellant
                        Versus
                    Bismilabai Mahmud Kazi                       ...Respondent


                    Mr. Vivek Patil & Mr. Devesh Sawant, Mr. Nitiraj Shelke, i/b. Vivek
                    Patil & Associates, for the Appellant.

                    Mr. Rishikesh Ajit Mohite, for the Respondent.


                                           CORAM : MADHAV J. JAMDAR, J.

DATED : 16th JANUARY 2023 P.C. :

1. As by the impugned Judgment and Decree dated 20th

August 2022, the learned First Appellate Court has held that

both the Plaintiffs and Defendants are entitled for getting

pension permissible under the Maharashtra Civil Services

(Pension Rules), 1982 and parties were directed to approach

the concerned authority for getting pension, Mr. Vivek Patil,

learned counsel appearing for the Appellant seeks leave to

implead the pension authority as party Respondent to this

Second Appeal.

18-SA-39-2023.doc Sonali

2. Leave as prayed is granted to implead the pension

authority as the Respondent No.2.

3. Amendment be carried out forthwith.

4. Mr. Rishikesh Mohite, learned counsel appearing for the

original Respondent-Bismilabai Mahmud Kazi seeks time.

5. Issue notice to newly added Respondent No.2, returnable

on 6th February 2023 at 2.30 p.m.

6. In addition to Court notice, the Appellant to serve the

newly added Respondent No.2 by private notice and shall file

affidavit of service before the returnable date.

[MADHAV J. JAMDAR, J.]