Shri Swami Hathiramji Mutt v. Mrs. Yashoda Raju Gowda And ORS.

J R Mane 1 16-. IA-346-21 in CA 174-17 in FAL 27218-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.346 OF 2021 IN FIRST APPEAL (L)NO. 27218 OF 2016 WITH CIVIL APPLICATION NO.174 OF 2017 Shri Swami Hathiramji Mutt ...

Appellant V/S.

Mrs. Yashoda Raju Gowda And Ors.

...

Respondents.

.......

Mr. Umashankar R.Singh for the Applicant in Intervention Application No. 346/2021.

Mr. Vagish Mishra a/w. Mr.Emad Khan & Mr.Alex D'Souza i/b.Law Counsellors for the Respondent No.1.

.......

CORAM : NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

DATE :

15 December 2023.

P.C. :

This is an application for restoration of the First Appeal which JYOTI RAJESH MANE is dismissed for non-removal of the office objections. This Application has been adjourned from time to time as Respondents by JYOTI RAJESH MANE Date:

2023.12.19 13:38:55 +0530 had questioned the authority of the Appellant to file an Appeal. The Appeal challenges the Judgment and decree passed on 28 January 2016 by the Civil Court, Senior Division, Panvel in Suit No.20/2015

J R Mane 2 16-. IA-346-21 in CA 174-17 in FAL 27218-16.doc between the Trust and other parties.

Considering that the Appeal has been dismissed for nonremoval of office objections and considering the averments made in the Application, we allow the Interim Application No.346/2021. Place the Appeal on board on 25 January 2024. The contention of the Respondents regarding the authority of the Appellant to prosecute the Appeal is kept open, to be considered at the time of hearing of the Appeal.

(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)