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Bombay High CourtCAS/410/2020ca disposed off

Hafiz Khan S/O Yukub Khan v. Jamnaprasad Puranmal Gurasa Dead, Through Lrs. Rambilas Sitaramji Kothari (Dead) And Others

2021-01-09Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

17SA221.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (S) NO. 410 OF 2020 IN SECOND APPEAL NO. 221 OF 2014 Hafiz Khan s/o Yakub Khan -VsJamnaprasad Puranmal Gurasa (dead) thr. L.R's and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.R. Saboo, Adv. with R.J. Mirza, Adv. for the appellant. CORAM : PUSHPA V. GANEDIWALA, J.

DATED : JANUARY 09, 2021 Heard.

2.

This is an application under Order 1, Rule 10 of the Code of Civil Procedure for impleadment of applicants trustees as additional party.

3.

This application is pending for hearing since 18/06/2019.

4.

It is stated that out of seven respondents, respondent Nos. 1, 2 and 6 are already dead and appeal is abated against them.

5.

Though the names of the present trustees are recorded on the records of the Charity Commissioner, Amravati, they have not been impleaded in the present appeal.

6.

In the opinion of this Court, applicants being the necessary party, are allowed to be added in the appeal.

17SA221.14 7.

The learned counsel for the appellant to carry out necessary amendment within a period of two weeks and amended copy of memo of appeal be supplied to the respondents.

8.

The application is disposed of accordingly.

JUDGE D.S. Baldwa