Shri. Manohar Sitaramji Mungle And Others v. Shri. Baliram S/O Sakharam Rewatkar And Another

1 3 sa 229-2010

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.1206/2023 IN SECOND APPEAL NO.229/2010 Manohar Sitaramji Mungle and others Vs.

Anil Natthuji Dekate - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.H. Jamal, Advocate for appellants Shri S.C. Reddy, Advocate h/f shri S.P. Bhandarkar, Advocate for respondent CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

19/10/ The present application is filed for intervention and to become party respondent. It appears that when Shri Baliram Sakharam Rewatkar was the respondent No.1 in present Second Appeal, his name came to be deleted vide order dated 04/08/2022.

The learned Counsel for Intervenor pointed out that the applicant is in the group supporting Shri Baliram Rewatkar. Due to death of Shri Rewatkar, he has right to represent that group. It appears that there are factions in the trust and change rival reports are pending. The applicants are also permitted to intervene by Charity Commissioner of Chandrapur in change report No.07/1983 as an Objector. The application came to be allowed by the Assistant Charity Commissioner, Chandrapur vide order dated 02/02/2023. In view

2 3 sa 229-2010 thereof, there is no substance in the reply filed by the appellant opposing the intervention. No prejudice is going to cause to the applicant if application is allowed. Accordingly, applicant Anil Natthuji Dekate is hereby allowed to intervene the matter would be added as party respondent No.3 in the Second Appeal.

2.

Necessary amendment to be carried out by the appellants within two weeks.

3.

Shri Gode, learned Counsel waives notice for newly added respondent No.3.

4.

The application stands disposed of.

JUDGE R.S. Sahare