Prabodhan Bahuvidh Sanstha Aurangabad Through Its President v. Swati Bhagwanrao Joshi And ORS

2024:BHC-AUG:1496-DB 950(A)-CA-12802-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12802 OF 2023 IN WP/7079/2023 PRABODHAN BAHUVIDH SANSTHA AURANGABAD THROUGH ITS PRESIDENT

VERSUS

SWATI BHAGWANRAO JOSHI AND ORS ....

Mr. C. K. Shinde, Advocate for Applicant Mr. S. K. Tambe, AGP for Respondent Nos. 1 to 3 in WP Mr. N. P. Patil, Advocate h/f Mr. A. D. Chapule, Advocate for Petitioner in WP Mr. S. R. Shirsat, Advocate for Respondent No.4 Mr. Joslyn Menezes, Advocate h/f Mr. R. J. Godbole, Advocate for Respondent No.5 in WP ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 19.01.2024 PER COURT :- 1.

On 01.12.2023, we had passed the following order:- "1. The Applicant claims to be the President of the Educational Trust. The learned Advocate for the Applicant points out from the synopsis in Writ Petition No.7079/2023 that, the name of the Applicant is referred to as the President of the Trust. He is the real maternal uncle of Respondent No.5 in this Petition. The Trust is made Respondent No.4, through it's Secretary and the Petitioner, who is the In-charge Headmistress, is admittedly the wife of the Secretary.

(( 2 )) 950(A)-CA-12802-2023

2. Shri. Godbole, the learned Advocate representing Respondent No.5 in this Writ Petition and who is the Petitioner in the connected Writ Petition No.8161/2022, is said to have undergone a surgery and would not be available for this month.

3. In view of the above, list this Civil Application for a hearing in the 'urgent orders' category on 12/01/2024. In the meanwhile, as the appointment of the Petitioner as a Headmistress and the grievance of Respondent No.5 is raised in these Petitions, the Statutory Authorities would not alter the situation, without the leave of the Court."

2.

We have heard the learned Advocates for the respective sides. The Non-Applicants submit that the Court may pass an appropriate order and if the Application is allowed, they may be granted liberty to file a composite affidavit-in-reply or an additional affidavit-in-reply, as the case may be.

3.

In view of the above and having considered the contention of the Applicant that he claims to be the President of an educational trust, which is before us, the Civil Application is allowed. The Petitioner shall add the Applicant as Respondent No.6, within two weeks. Liberty to the non-applicants to file their affidavits in reply or additional replies, as the case may be. [ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS