Arvind Shamgir Gosavi v. For Late Sheth Mohanlalji Pokharna Public Trust And ORS.

58 IA 19617.2022 in WP 2859.09.doc Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2023.07.24 16:49:50 +0530 INTERIM APPLICATION NO.19617 OF 2022 IN WRIT PETITION NO.2859 OF 2009 Shri. Arvind Shamgir Gosavi ...Applicant In the matter between :

Shri. Arvind Shamgir Gosavi

...Petitioner

V/s.

For Late Sheth Mohanlalji

...Respondents

Pokhranwala Public Trust Shri Kanak Hiralal Firodiya & Ors.

Ms. Rukmini Khairnar i/by Mr. Pramod Joshi for (Petitioner) & Applicant in IA 19617 of 2022. Ms. Prasanna Shahane a/w Mr. A.H. Patel for Respondent No. 3 in IA 19617 of 2022 and for Applicant in IA No. 3788 of 2019.

Ms. Rachana Harpale h/for Mr. Nitin P. Deshpande for Respondent No. 3.

CORAM:

MADHAV J. JAMDAR, J.

DATE:

19th July 2023 P.C.:

1.

Heard Ms. Khairnar, learned Counsel appearing for the Applicant and Ms. Shahane, learned Counsel appearing for Respondent No. 3A to 3D and 3E-2.

58 IA 19617.2022 in WP 2859.09.doc 2.

Ms. Shahane states that Respondent No. 3E-1 is not legal heir of deceased Respondent 3E as there is divorce decree by mutual consent passed on 20th September 2017. 3.

Accordingly the application is allowed in terms of prayer clauses (a) and (b). However, it is clarified that the Applicants are permitted to bring on record names of legal heirs and representatives of deceased Respondent Nos. 3A to 3D and 3E-2 as legal heirs of Respondent No. 3E.

4.

Amendment be carried out within a period of 14 days from today.

5.

The Interim Application is disposed of in above terms with no order as to costs.

6.

Interim Application No. 3788 of 2019 be listed on the board on 9th August 2023.

(MADHAV J. JAMDAR, J.)