The Southern Nagpur Coop.Hsg.Soc. Ltd. v. Shrimant Raje Laxminsingh Rao Fatehsingrao Bhosale

2024:BHC-NAG:8575

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NOS. 1253 OF 2013 WITH 3435 OF IN FIRST APPEAL NO. 608 OF 2003 THE SOUTHERN NAGPUR CO-OPERATIVE HOUSING SOCIETY LTD., NAGPUR THROUGH ITS PRESIDENT, MADHUKAR S/O. HARIBHAU SATE -Vs. - SHRIMANT RAJE LAXMINSINGH RAO S/O RAJE FATEHSINGRAO BHOSALE AND OTHERS Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Pushkar Ghare, Advocate h/f. Shri A.M.Ghare, Advocate for appellant. Shri A.D.Mohgaonkar, Advocate for Intervenor. Shri M.A.Kadu, AGP for respondent/State.

Shri P.D. Khedika, Advocate h/f. Shri G.A. Kunte, Advocate for respondent no. 15/NIT.

Shri Aniket Kesharwani, Advocate h/f. Shri S.P. Kshirsagar, Advocate for respondent nos. 5 to 8 and 11.

CORAM : SANJAY A. DESHMUKH , J.

DATED : 02/08/ The Civil Application No. 1253/2013 is filed by the Intervenor - Mohan Eknath Dani to add him as the respondent in this appeal to substantiate the ground mentioned in the appeal. In fact, the applicant above has prayed for the amendment to add the additional grounds by Civil Application No. 3435/2019.

2.

Perused the application.

3.

Heard the learned Advocates for both sides.

4.

The learned counsel for the intervenor Shri A.D. Mohagaonkar has filed the Pursis dated 13/06/2024, which is taken on record. By this Pursis, the resolution dated 31/08/2019 passed by the Southern Nagpur Co-operative Housing Society Limited is brought to the notice of this Court. The resolution authorized this intervenor to intervene in the matter. Considering the submissions of both sides, particularly, the appellant has no objection to allow the application of the intervenor, the applications are allowed.

5.

The applicant/intervenor - Mohan Eknath Dani is permitted to intervene in the matter. He be added as the respondent in this proceedings.

6.

The amendment to be carried out within a period of one week and supply the copies to the other side. 7.

Accordingly, both applications are allowed.

CIVIL APPLICATION (CAF) NOS. 1252 OF 2013 This application is filed to challenge the order of compromise of the appeal partly recorded by this Court and accordingly, order passed on 22/11/2007.

2.

It would be proper to decide the application along with main appeal.

3.

The learned Advocates appearing for both sides are, therefore, directed to argue the appeal as well as this application finally.

4.

Stand over after two weeks.

(SANJAY A. DESHMUKH, J.) B.T. Khapekar