Smt. Kamala Shamgonda Patil And ORS. v. Swastishri Jinsen Bhattarak Pattacharya, Mahaswami Math And ORS.

skc 902-WP-4270-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4270 OF 2015 Smt. Kamala S. Patil & Ors.

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Petitioners vs.

Swastishri Jinsen Bhattarak Pattacharya, Mahaswami Math, & Ors.

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Respondents Ms Manjiri S. Parasnis for Petitioners.

Mr. Manoj Patil for Respondents.

CORAM : M. S. SONAK, J.

DATE: 08 MAY 2015 P.C. :- 1] The learned counsels for the parties agree that the facts and circumstances in the present petition are virtually identical to that in writ petition no. 3125 of 2015 which came to be disposed of by this Court on 6 April 2015.

2] The learned counsels for the parties also agree that the order impugned in this petition dated 22 August 2014 is also virtually identical to the order dated 22 August 2014 which was impugned in writ petition no. 3125 of 2015.

3] Accordingly, for the reasons set out in the order dated 6 April 2015 in writ petition no. 3125 of 2015, the impugned order is modified and the respondents are directed to pay to the petitioners 1/2

skc 902-WP-4270-15 costs of Rs.50,000/- (Rupees Fifty Thousand) within a period of six weeks from today, as a pre-condition to avail the benefit of the impugned order dated 22 August 2014. Such costs may be either paid to the petitioners directly or deposited in the Civil Court, wherefrom, the petitioners shall be at liberty to unconditionally withdraw the same.

4] Rule is made absolute to the aforesaid extent. There shall be no separate order as to costs in the present petition. 5] All parties to act on basis of an authenticated copy of this order.

(M. S. SONAK, J.) Chandka 2/2