Bombay High CourtCAN/52/2015admittedallwdgrantedrule absolute

Dilip S/O Raosaheb Pole v. Ahilya Devi Holkar Smarak Sanstha, Pusad Through Its Secretary And Others

2015-06-30Hon'Ble Shri Justice Z.A. Haq2 pages

1 can52.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAN) NO. 52 OF 2015 IN C.P. NO. 12 OF 2015 IN WRIT PETITION NO. 3119 OF 2005 (D).

(DILIP RAOSAHEB POLE..VS..AHILYADEVI HOLKAR SMARAK SANSTHA & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : JUNE 30, 2015.

Heard Mr.R.L.Khapre, the learned advocate for the petitioner, Mr. A.M.Ghare, the learned advocate for the respondent Nos.1 and 2 and Mr. K.L.Dharmadhikari, the learned A.G.P. for the respondent No.3.

The petitioner seeks permission to implead trustees whose names are recorded on Schedule-I of the Public Trusts Register and also the persons who claim to have been elected as trustees and whose change reports are pending. It is submitted that the persons whose change reports are accepted claim to be in the administration of the trust and therefore, they are sought to be impleaded. Mr.Ghare, the learned advocate for the respondent Nos. 1 and 2 had raised objection at the time of hearing on the earlier occasion that other persons are not impleaded as party and this application has been filed by the petitioner after the objection came to be raised on behalf of the respondent Nos. 1 and 2.

2 can52.15 Considering the facts of the case, the application is allowed. The petitioner is permitted to implead the persons whose names and addresses are given in the proposed paragraph 8-A.

The Civil Application is allowed.

C.P. NO.12/2015.

Issue notice to the newly added respondents, returnable on 14th September, 2015.

JUDGE RRaut..