Christian And Missionary Alliance, Church Of India Thr. Property Incharge, S.G. Lavhale v. Indian Canadian Presbyterian Mission Thr. Smith F. Masha Moderator Thr. P.O.A. Subhash M . Sharma

1 2 MCA-208-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO.208 OF 2022 IN WRIT PETITION NO.4418 OF 2017 (D) (The Christian and Missionary Alliance ..Vs. Indian Canadian Presbyterian Mission and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri A. M. Tirukh, Advocate for Applicant.

Shri A. De, Advocate for the Respondent no.1. CORAM : AVINASH G.

GHAROTE, J.

D ATE : 11 th JULY, 2022.

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The only issue raised, is that in Para 5 of the order dated 01.12.2021, what has been recorded "Whatever, the arguments be since it is not disputed that the petitioner is the original owner of the property......", needs to be clarified that the undisputed position regarding the ownership of the property, was between the Petitioner and the original Respondent no.2. The parties are ad-idem that this is indeed the position, considering which, the aforesaid sentence in para 5 of the order dated 01.12.2021 stands corrected as under : "Whatever, the arguments be since it is not disputed by the original Respondent no.2 that the Petitioner is the original owner of the property........" 2.

Accordingly, the Miscellaneous Civil Application is allowed to the above extent. No costs.

JUDGE TAMBE.

ASHOKRAO TAMBE 14:39