Shri Devi Sevadas Maaharaj Sansthan Trust, Washim Thr. Trustee Mr. Namdev H. Rathod And Others v. Gopal Shrichand Rathod And Others

1 wp4641.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application (CAW) No.3164/2019 in Writ Petition No.4641/2019 Shri Devi Sevadas Maharaj Vs. Gopal Rathod and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.P. Bhandarkar, Advocate for petitioner Mr. R.L. Khapre, Advocate for respondent No.1 and 3 Mr. A.J. Gilda, Advocate for respondents No.2, 4 and 6. Smt. Kalyani Deshpande, AGP for respondent No. 7. CORAM :MANISH PITALE, J.

DATED : NOVEMBER 27, 2019 This is an application filed on behalf of the respondent No.1 seeking the following reliefs : "(1) Stay notice of election at Annexure-1 till decision of petition.

(2) Petitioners be directed not to operate bank accounts of Trust till decision of petition.

(3) Necessary arrangement for management of Trust may kindly be made as found suitable in circumstances of the case, preferably by vacating stay as suggested in para 6; and (4) Grant any other relief in the facts and circumstances of the case, which this Hon'ble Court may deem fit and proper in the interest of justice."

2.

The reason why the said application came to be filed was notice dated 11/11/2019, issued by the petitioner No.1, wherein inter-alia, a subject for

2 wp4641.19.odt discussion in meeting proposed to be held on 28/11/2019, was appointment of office bearers. The first prayer quoted above pertains to stay sought on the said appointment / election of office bearers. The learned counsel for the petitioner, on instructions, makes a statement that the subject pertaining to election / appointment of office bearers shall not be taken up in meeting to be held on 28/11/2019 or thereafter during pendency of the present writ petition. The statement is recorded as an undertaking to this Court.

3.

As regards the other prayers made in this application, this Court refrains from making any comment, since such reliefs would depend upon the final decision of this Court in the present writ petition. 4.

Application is disposed of.

Writ Petition No.4641/2019 Looking to the controversy arising in the present writ petition, it would be in the interest of justice that the writ petition is disposed of expeditiously.

Hence, list for final disposal on 12/12/2019. JUDGE MP Deshpande