Hume Memorial Congregation And ORS. v. United Church Board For World Ministries And ORS.

ssm 1 249-wp6856.04.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6856 OF 2004 Hume Memorial Congregation & Ors.

.....Petitioners.

Vs.

United Church Board for World Ministries & Ors.

.....Respondents.

WITH CIVIL APPLICATION NO. 2598 OF 2007 IN WRIT PETITION NO. 6856 OF 2004 Mr. Ratnadeep Robert Kamble ....Applicant.

Vs.

Hume Memorial Congregation & Ors.

....Respondents.

Mr. T.S. Ingale for the Petitioners.

Mr. Nitin Pradhan a/w Mr. S.D. Khot for the Respondent No.2. Mr. S.H. Kankal AGP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 8th JULY, 2019.

P.C.:- Mr. Pradhan, the learned counsel for the Respondent No.2 submitted that, Order impugned herein dated 10th June, 2004, passed under Section 36(1) of the Bombay Public Trust Act, 1950 has already been implemented. He further submitted that, as there was no interim relief granted by this Court in the present Petition, the scheme of rehabilitation has also been completed and after construction of the 1/2

ssm 2 249-wp6856.04.doc building, the same has been handed over to the concerned school. He therefore, submitted that the present Petition has become infructuous. Perusal of record would indicate that, there is a substance in the contention of the learned counsel for the Respondent No.2. The facts recorded herein are not countered by the Petitioners. In view thereof, the present Petition has become infructuous and is accordingly disposed off.

In view of the disposal of the Writ Petition, nothing survives in the Civil Application and is also disposed off. (A.S. GADKARI, J.) 2/2