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Bombay High CourtCAW/156/2016dismissed

President Shri. Maharani Radhabai Vidyarthi Vasatigruh v. Sou. Ranjana Ashok Nalawade

2016-06-27Hon'Ble Shri Justice R.D. Dhanuka2 pages

41-caw156-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.156 OF 2016 IN WRIT PETITION NO.7079 OF 2014 President, Shri Maharani Radhabai Vidyarthi Vasatigruh, Radhanagari ...Applicant

IN THE MATTER BETWEEN :

Sou.Ranjana A. Nalawade

...Petitioner

V/s.

President, Shri Maharani Radhabai Vidyarthi Vasatigruh, Radhanagari & Ors.

...Respondents

Mr.Shankar Katkar for the Applicant in the Civil Application. Ms.Pavitra Manish i/b Mr.M.S. Topkar for the Respondent Nos.1 and 2.

Ms.Vaishali Nimbalkar, A.G.P. for the Respondent No.3. CORAM : R.D. DHANUKA, J.

DATE : 27TH JUNE, 2016.

P.C. :- 1.

By this civil application, the applicant seeks intervention in the writ petition filed by the employee impugning the order of the school tribunal. Learned counsel appearing for the applicant submits that though the applicant was allowed to intervene in the appeal filed by the petitioner herein by the school tribunal, the petitioner has not impleaded the applicant as a party in the writ petition. The application 1/2

41-caw156-16 filed by the applicant is opposed by the respondent nos.1 and 2. 2.

It is not in dispute that the applicant herein is not a part of the management which run the school in question. The petitioner employee had filed an appeal before the school tribunal whose appeal was rejected by the school tribunal. The said order has been impugned in the present petition. In my view, the applicant is neither a necessary party nor proper party to the proceeding, filed by the employee against the management. Internal disputes between the two rival groups of the management cannot be decided by this Court in this writ petition.

3.

The civil application is accordingly dismissed. No order as to costs.

(R.D. DHANUKA, J.) 2/2