M/S. Ramdeobaba Sahakari Gruha Nirman Samiti Ltd.,Thr. Secretary, Prabhat S. Dhadiwal And ORS v. Shailendra S/O Late Bhomraj Chhajed And Others

2025:BHC-NAG:4000 1 906-WP No.7263.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO. 759 OF 2025 IN WRIT PETITION NO. 7263 OF 2024 M/s. Ramdeobaba Sahakari Gruha Nirman Samiti Limited, Nagpur & Ors. ..VS..

Shailendra S/o. Late Bhomraj Chhajed & Ors.

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R. M. Sharma, Advocate for Petitioners.

Mr. Onkar Ghare, Advocate h/f. Mr. Pushkar Ghare, Advocate for Respondent No.1.

CORAM : SMT. M.S. JAWALKAR, J.

DATED : 16 th APRIL, 1.

Heard.

2.

Present application is filed by the Petitioners to delete the names of Respondent Nos.3, 4, 5, 6, 8, 9 and 10. It is the contention of the Petitioners that only Respondent No.1 is the main contesting respondent, who has opposed the application Exhibit-132 for calling the original documents from the office of Deputy Registrar, Cooperative Societies, Nagpur City No.1, Nagpur. The Petitioner No.2 is the Secretary of the Petitioner No.1 Society and is also authorized vide resolution dated 15.10.2023 of the Society to prosecute the suit and the present writ petition. It is further contended that Respondent Nos.8 and 10 are the original plaintiffs and

2 906-WP No.7263.2024 Respondent Nos. 3, 4, 5, 6 and 9 are the original defendants, who have been made parties in the present writ petition only because they are parties in the Regular Civil Suit No.1449/2004. In view of this, the Petitioners seek permission to delete the names of Respondent Nos.3, 4, 5, 6, 8, 9 and 10 from the array of respondents.

3.

Learned Counsel for the Respondent No.1 has no objection to delete the said respondents at the risk of the Petitioners.

4.

Accordingly, the Civil Application is allowed. 5.

Permission is granted to the Petitioners to delete the names of Respondent Nos.3, 4, 5, 6, 8, 9 and 10 from the array of the respondents, at the risk of the Petitioners.

6.

Amendment to be carried out within a period of one week.

7.

List the matter on 02.05.2025.

(SMT. M.S. JAWALKAR, J.) Kirtak