Smt. Babibai Pathare (Decd) Through Lrs.Shri Vijay Gangadhar Pathare And ORS. v. Shri Kalaram Sanstha Through Trustees

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1009 OF 2016 IN WRIT PETITION NO.2730 OF 1995 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.P.N.Joshi for the applicant Mr.Sandeep Shinde for the respondents CORAM : K. K. TATED, J.

DATE : APRIL 20, 2016 P.C.:

Heard the learned counsel for the parties.

This application is for bringing on record new trustees of the trust known as Kalaram Sansthan, Panchavati, Nasik and to delete retired trustees.

The learned counsel for the applicant submits that new trustees are from Serial No.6 to

16. Hence, applicant may be permitted to delete the names of trustees from Serial No.1 to 5 and to bring on record trustees from Serial No.6 to 16. The learned counsel for the respondents Mr.Sandeep Shinde submits that he received instructions to appear on behalf of new trustees in 1/3

the present Civil Application as well as Writ Petition No.2730 of 1995. He submits that he does not have any objection if present Civil Application is allowed.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as advocate on behalf of new trustees have no objection, following order is passed:

a) Applicant is permitted to delete the name of trustees i.e. respondent nos.1 to 5 from the cause title of Writ Petition as well as pending Civil Application if any.

b) Applicant is permitted to add new trustees i.e. respondent nos.6 to 16 in the cause title of Writ Petition No.2730 of 1995 as well as pending Civil Application if any.

c) Amendment be carried out on or before 10.6.2016, failing which Civil Application shall stand dismissed without referring back to the court.

d) If amendment is carried out within stipulated time as stated hereinabove, applicant to serve amended copy of Writ Petition and Civil Application if any on respondents' advocate immediately.

2/3

e) The learned counsel for newly added respondents waives service in Writ Petition No.2730 of 1995.

f) Civil application stands disposed off accordingly.

JUDGE 3/3