Ajit Sakharam Dadarne And ORS. v. Devasthan Vyavasthapan Samiti And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1284 OF 2015 IN SECOND APPEAL NO. 1065 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.R. N. Kachare i/b Amit Palkar for the applicant. Mr. Chetan Patil for the respondent nos. 3A to 3C, 4 to 6, 9 and 12.

CORAM : K. K. TATED, J.

DATED : 28/09/2015.

P.C.:

.

Heard learned Counsel for the parties.

This application is preferred by plaintiff for deleting the names of respondent nos. 1A to 1G and inserting the names of respondent nos. 1 to 6 in the Second Appeal and the pending proceeding.

The learned Counsel for the applicant submits that during the pendency of the Second Appeal, the State of Maharashtra appointed Respondent nos. 1 to 6 as the members of Devsthan Vyavsthapan Samitti Paschim Maharashtra in place of Respondent Nos.1A to 1G by G.R. dated 02.09.2014.

Considering the submissions made by the learned counsel for the applicant, the averments made in Civil Application and G.R. dated 02.09.2014 1/3

I am satisfied that the applicant has made out a case for allowing Civil Application.

Hence, following order.

a) Civil Application is allowed in terms of prayer clause (a) which reads thus:

"a) the applicants be permitted to amend and bring on record the proposed Respondents no. 1 to 6 in place and instead of the Respondent No. 1A to 1G in the Second Appeal and pending proceedings." b) Applicant to carry out appropriate amendment within four weeks from today, failing which Civil Application stands dismsised without referring back to the court.

f) If amendment is carried out within stipulated time as stated hereinabove, applicant is directed to serve the added respondents by private notice either by registered post A.D. and/or by hand delivery in Second Appeal no. 1065 of 2012 and file Affidavit of Service to that effect.

g) Civil Application is disposed of accordingly.

(K.K.TATED, J.) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order.

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