Aslam Kassam Merchant v. The Society Of Our Lady Of Glory Charitable Trust And ORS

13-WP-16768-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16768 OF 2024 Aslam Kassam Merchant

...Petitioner

Versus

The Society of our Lady of Glory Charitable Trust & Ors.

...Respondents

_______________________________________________________________ Mr. Asif Y. Memon, for the Petitioner.

Mr. J. P. Kharge, for the Respondents.

_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 21st APRIL 2025 P.C.:

1.

Heard Mr. Memon, learned Counsel appearing for the Petitioner and Mr. Kharge, learned Counsel appearing for the Respondents. 2.

At the outset, Mr. Memon, points out that in the Order dated 9th April 2025, there are certain typographical mistakes. He states that in line No.2 of paragraph No.2 Order dated "6th April 2024" is incorrectly mentioned instead of "4th October 2024". He further states that "Appeal No.92 of 2023" is incorrectly mentioned and the same is "Appeal No.124 of 2024".

3.

Accordingly, the Order dated 9th April 2025, be corrected and corrected order be uploaded.

4.

He further states that said Appeal No.124 of 2024 is already disposed of by Judgment and Decree dated 7th March 2025. He states that challenge in this Writ Petition is to the Order dated 4th October 2024, passed by the learned Appellate Bench below Exhibit-9 in Appeal Vaibhav Page No. 1

13-WP-16768-2024.doc No.124 of 2024 by which an amount of Rs.35,000/- has been fixed as interim compensation. He states that as the said order is an interim order and the said Appeal itself is disposed of, nothing survives in the Writ Petition. He submits, if necessary, the Petitioner will adopt appropriate proceedings.

5.

Accordingly, the Writ Petition is disposed of as it has become infructuous.

6.

It is expressly clarified that this Court has not considered the merits regarding the impugned order and all contentions in that behalf are expressly kept open.

[MADHAV J. JAMDAR, J.] Vaibhav Page No. 2