Mr. Hariba Aaba Gadade And ORS v. Shri. Bhagwan Tamanna Chougule And ORS

osk 904-caw-309-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 309 OF 2018 WITH CIVIL APPLICATION NO. 311 OF 2018 WITH CIVIL APPLICATION NO. 313 OF 2018 WITH CIVIL APPLICATION NO. 737 OF 2019 IN WRIT PETITION NO. 2375 OF 2012 Hariba Aaba Gadade & Ors.

...

Petitioners V/s.

Bhagwan Tamanna Chougule & Ors.

...

Respondents ----- Mr.Sandeep Phatak for Petitioners.

Mr.S.A. Masal for Respondent No.17.

Mr.S.D. Patil for Respondent No.24.

CORAM : A.S. GADKARI, J.

DATE : 30th August 2019.

P.C. :

1] The present praecipe is moved for "Speaking to the Minutes" of Order dated 20th August 2019.

2] In the clause of appearance of the said Order, the surname of the learned counsel for the petitioners has been erroneously typed as 1/3

osk 904-caw-309-2018.odt "Pathak" instead of "Phatak". The correct surname is "Phatak". 3] So also, in line No.2 of para No.1 and in line No.3 of para No.3, the words and numbers, "petitioner Nos.3, 18, 27 and 28" need to be corrected as "petitioner No.3 and respondent Nos.18, 27 and 28". 4] Further in line No.4 of para No.3, the word "petitioners" needs to be corrected as "Writ Petition".

5] After carrying out the said corrections, the para Nos.1 to 3, the said Order reads as under :

"1] These are applications for bringing legal heirs of deceased petitioner No.3 and respondent Nos.18, 27 and 28 on record. The said deceased petitioner and the respondents were Trustees of Jay Hanuman Shikshan Sanstha. 2] Mr.Patil, learned counsel for the respondent No.24 raised a preliminary objection and submitted that, the legal heirs of the petitioner and respondents have no legal right to pursue the petition filed by the petitioners in their capacity as Trustees of the said Trust.

3] Facing with the said difficulty, the learned counsel for the applicants, on instructions, seeks leave to withdraw the present applications with liberty to delete the petitioner No.3 and respondent Nos.18, 27 and 28 from the array of Writ Petition.

Leave and liberty granted."

2/3

osk 904-caw-309-2018.odt Order be corrected accordingly.

6] Rest of the Order remains as it is.

7] Praecipe is disposed off in above terms.

[A.S. GADKARI, J.] 3/3