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Bombay High CourtIA/18866/2022disposed off

Smt. Malika Dastgir Diwkar And ORS v. Chandraseniya Kayastha Prabhu Ganapati Mandir Trust, Bhiwandi, Through Trustee And ANR

2023-02-13Hon'Ble Shri Justice Milind N. Jadhav2 pages

39.ia.18866.2022 _wp.11445.13.doc HARSHADA H. SAWANT ( P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION NO.18866 OF 2022 IN WRIT PETITION NO.11445 OF 2013 Malika Dastgir Diwkar and Ors.

Applicants/ Petitioners

Versus

Chandraseniya Kayastha Prabhu Ganapati Mandir Trust, Bhiwandi and Ors.

.. Respondents ..

WITH CIVIL APPLICATION NO.2032 OF 2014 IN WRIT PETITION NO.11445 OF 2013 Satish Narayan Durve and Ors.

.. Applicant

IN THE MATTER BETWEEN:

Malika Dastgir Diwkar and Ors.

.. Petitioners

Versus

Malika Dastgir Diwkar and Ors.

.. Respondents ....................

 Mr. Jayesh Joshi for Advocate for Applicants  Mr. Deepak P. Jamsandekar Advocate for Respondent No.1 ...................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 13, 2023 P.C.:

1. Heard Mr. Joshi, learned Advocate for Applicants and Mr. Jamsandekar, learned Advocate for Respondent No.1 2.

Interim Application No.18866 of 2022 is filed for bringing the legal heirs of Applicant No.5 (Petitioner No.5 in Writ Petition) who expired on 16.02.2015.

39.ia.18866.2022 _wp.11445.13.doc 3.

Names of legal heirs are mentioned in the cause title of the Application.

4.

Mr. Joshi would submit that there is delay of approximately 6 years.

5.

Writ Petition was filed in the year 2013 and interim relief has been granted in the meanwhile.

6.

However in view of reasons mentioned sufficient cause is shown and considering the fact that interim order was passed way back in year 2013 the delay needs to be condoned for effective adjudication of the Writ Petition.

7.

Interim Application stands allowed in terms of prayer clauses (a), (b) and (c).

8.

Necessary amendment to be carried out within two weeks from today. Amended copy of the cause title to be served on Respondents. 9.

Re-verification dispensed with.

10. With above directions, Interim Application is disposed.

11. Writ Petition stand over to 13th March, 2023. [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date: 2023.02.17 10:38:22 +0530 RAVINDRA MOHAN AMBERKAR