M/S Tamboli Brothers Through Temuras Jamshedji Tamboli And Another v. Joint Charity Commissioner Nashik And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 992 CIVIL APPLICATION NO.1046 OF 2020 IN WP/10654/2015 M/S TAMBOLI BROTHERS THROUGH TEMURAS JAMSHEDJI TAMBOLI AND ANOTHER

VERSUS

JOINT CHARITY COMMISSIONER NASHIK AND OTHERS ...

Advocate for Applicants : Mr. U L Momale h/f M S Deshmukh AGP for Respondents: Mr. A M Phule Advocate for Respondents 2-7 : Mr Girish Rane ...

CORAM : V.K. JADHAV, J.

Dated: February 07, 2020 ...

PER COURT :- 1.

Learned counsel for respondent nos.2 to 7 submits that even respondents have also instituted the suit for possession against the petitioners in the writ petition and said suit is pending before the Civil Judge Senior Division, Amalner. Learned counsel for the respondents, on instrcutions, submits that after death of petitioners in the writ petition, their legal heirs were also taken in the pending suit before the civil court. Learned counsel submits that this civil application may be allowed in terms of its prayer clause.

2.

In view of the above and for the reasons stated in the application, application is allowed in terms of prayer clause 'A and B'. Civil application accordingly disposed off. ( V.K. JADHAV, J. ) ...

aaa/-