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Bombay High CourtIA/1699/2025disposed off

Rais Karim Patel And ORS. v. Mr. Shaikh Salim Abdul Latif And ANR.

2026-04-16Hon'Ble Shri Justice Jitendra Shantilal Jain2 pages

2026:BHC-AS:17943 HMK 35. FA-1256-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1256 OF 2015 WITH CIVIL APPLICATION NO. 3745 OF 2015 Dr. Zakir Hussein Education Society Trust & Ors.

....Appellant/Applicant

Versus

Shaikh Salim Abdul Latif & Anr.

....Respondents WITH INTERIM APPLICATION NO. 1391 OF 2026 IN FIRST APPEAL NO. 1256 OF 2015 Shaikh Salim Abdul Latif & Anr.

....Applicants

IN THE MATTER BETWEEN

Dr. Zakir Hussein Education Society Trust & Ors.

....Appellant

Versus

Shaikh Salim Abdul Latif & Anr.

....Respondents WITH INTERIM APPLICATION NO. 1699 OF 2025 IN FIRST APPEAL NO. 1256 OF 2015 Rais Karim Patel & Ors.

....Applicants

IN THE MATTER BETWEEN

Dr. Zakir Hussein Education Society Trust & Ors.

....Appellant

Versus

Shaikh Salim Abdul Latif & Anr.

....Respondents

HMK 35. FA-1256-2015.doc __________________________________________________________________ Mr. Sahil Pandire i/by Mr. Ashok S. Pandire for the Appellants/Applicants. Mr. Pramod N. Joshi for Respondent No. 1.

Ms. Shilpa G. Talhar, AGP for State.

Mr. Abhijit G. Aher i/by Mr. Abhishek Nandimath for Intervenor in IA/1699/2025.

__________________________________________________________________ CORAM : JITENDRA JAIN, J.

DATED : 16th APRIL 2026 P. C. :

1.

This appeal was originally filed by four appellants nos.2 to 5, who were deleted as per Court's order dated 10th February, 2025. Therefore, only surviving appellant is appellant no.1-Education Society. 2.

In the appeal, there is no resolution of the Society, by which, appellant nos.2 to 5 were authorised to file the appeal. Therefore, since there is no resolution of the Society authorising appellant nos.2 to 5 to file, the appeal on behalf of the Trust cannot be filed and further appellant nos.2 to 5 having been deleted, the present appeal abates. 3.

Appeal is disposed of as abated.

4.

Interim relief granted, if any, stands vacated. 5.

Consequently, Civil Application and Interim Applications do not survive and are disposed of accordingly.

[ JITENDRA JAIN, J. ] Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 17/04/2026 11:32:38