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Bombay High CourtCAW/1718/2017

Eknath Bhiku Yadav (Since Decd) Through Lrs And ORS v. Shri Maruti Deo Trust, Through Trustees

2017-07-26Hon'Ble Shri Justice K.K. Tated2 pages

22 caw1718-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1718 OF 2017 IN WRIT PETITION NO.7908 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.A.P.Kulkarni for the applicant Mr.P.V.Patil i/b Mr.Rahul S. Kadam for the respondent nos.1 to 3 and 6 CORAM : K. K. TATED, J.

DATE : JULY 26, 2017 P.C.:

Heard the learned counsel for the parties.

This application is for bringing new trustees of respondent no.1 trust, Shri Maruti Deo Trust. The learned counsel for the applicant submits that as soon as they learnt about the names and addresses of new trustees, they preferred the present Civil Application. He submits that application is preferred on the basis of extract taken from the office of the Charity Commissioner, Pune. He submits that delay in preferring Civil Application be condoned because they learnt about the names and addresses of new trustees recently. Considering the submissions made by the Mohite 1/2

22 caw1718-17 learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Applicant is permitted to bring on record respondent nos.8 to 15 as respondents in Writ Petition No.7908 of 2014.

b) Amendment be carried out within three weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

c) If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to issue notice before admission in Writ Petition No.7908 of 2014 to the added respondents, returnable after 12 weeks.

d) In addition to usual mode of service, petitioner is permitted to serve added Respondents in Writ Petition No.7908 of 2014 along with entire proceedings by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect.

e) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2