The Nutan Education Society Parbhani Thr Its Secretary Vijaykumar Raosaheb Jamkar v. Khamkar Ali Shah Mehboob And ORS

1013-CA-13045-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13045 OF 2022 IN CIVIL REVISION APPLICATION NO. 90 OF 2013 The Nutan Education Society, Parbhani Through it's Secretary Vijakumar Raosaheb Jamkar ..APPLICANT

VERSUS

Khamkar Ali Shah Mehboob Shah and Others ..RESPONDENTS ....

Mr. A.S. Deshmukh, Advocate for applicant Mr. S.H. Khan, Advocate for respondent nos.1 and 2-A to 2-G Mr. S.S. Bora, Advocate for respondent no.3 Mr. Y.B. Pathan, Advocate for respondent no.4 ....

CORAM : R.G. AVACHAT, J.

DATE : 29th SEPTEMBER, 2022 PER COURT :

1.

Respondent No.1 is reported to have passed away on 29th June, 2020. This civil application has been moved by original Defendant No.1 - an educational institution. Admittedly, it is in possession of the suit property which is being used for running a school. The photographs of the suit premise have been placed on record to indicate the same is in dilapidated condition and requiring urgent repairs. If the applicant is permitted, by the local authority, to make repairs of the suit premise, no prejudice is likely to be caused to the contesting respondents.

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1013-CA-13045-22.odt 2.

In view of the same, civil application is allowed. The applicant - educational institution is permitted to approach the concerned local authority, Respondent No.3 - Municipal Corporation, for permission to effect repairs to the suit premise. The municipal corporation, in turn, shall consider the application on it's own merits. It shall not insist for no objection of the contesting respondent herein.

( R.G. AVACHAT, J. ) SSD 2 / 2