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Jama Masjid Chembur Trust, Through Its Trustee Rustum Ali S/O Hyder Ali Shaikh Mumbai And Others v. Maharashtra State Board Of Wakfs Through Its Chief Executive Officer Aurangabad And Others

2016-07-14Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CA 1588 & 1596 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO. 1588 OF 2016 IN CRA/137/2013 WITH CA/1596/2016 IN CRA/137/2013 JAMA MASJID CHEMBUR TRUST, THROUGH ITS TRUSTEE RUSTUMALI S/O HYDER ALI SHAIKH MU

VERSUS

MAHARASHTRA STATE BOARD OF WAKFS THROUGH ITS CHIEF EXECUTIVE OFFICER AURANGABAD A -------- Shri. M.B.W. Khan, Advocate, for applicants. Shri. H.I. Pathan, Advocate, for respondents 4 to 7. -------- CORAM: T.V. NALAWADE, J.

DATE : 14 JULY 2016 ORDER:

1) It appears that this Court has issued notice to the respondents of Civil Application No.1588/2016. The present application is filed by so called new trustees for permission to come on record as the petitioners. Learned counsel submits that change report in respect of the present applicants is already pending with the Trust office. He showed to this Court order dated 30-10-2014 made in Writ Petition No. 7063/2014 and he submitted that the change report is pending and the applicants are

2 CA 1588 & 1596 of 2016 party interested in the present matter as trustees. The order is taken.

2) The applicants want to come on record in place of the deceased trustees. As the effect of change report takes place from the date of resolution this Court holds that permission needs to be given. Civil Application No.1588/2016 is allowed. Amendment to be carried out immediately.

3) By filing Civil Application No.1596/2016 the petitioners want to bring on record some circumstances by making amendment in the petition. Heard learned counsel for the petitioners. The application is allowed. Amendment to be carried out immediately. Party interested is entitled to get circulation.

Sd/- (T.V. NALAWADE, J. ) rsl