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Bombay High CourtIA/8107/2024disposed off

Subhash Vasant Kulkarni v. Ramnik K Makhecha Deceased President Of Natu Gujarati Samithi Vidyalaya New Panvel

2024-12-13Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe3 pages

Digitally signed by GAURI AMIT GAEKWAD Date:

2024.12.17 10:41:12 +0530 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8141 OF 2024 WITH INTERIM APPLICATION NO.8107 OF 2024 IN CONTEMPT PETITION NO.361 OF 2019 Subhash Vasant Kulkarni ....Applicant/Petitioner

Versus

Ramnik K. Makhecha (deceased) & Ors.

....Respondents ---- Mr. Shripad P. Hushing for the Applicant/Petitioner. Mr. K.S. Thorat, B Panel Counsel for the State. ---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 13th DECEMBER, 2024 P.C. :- INTERIM APPLICATION NO.8107 OF 2024 1.

Non-Applicant No.1 has passed away. His Legal Heir at Serial No.1(A), below Schedule "A", is to be brought on record. 2.

For the reasons set out, this Application is partly allowed. Leave to bring the legal heir on record, as Respondent No.1(A), is granted. Amendment be carried out on or before

10th January, 2025.

3.

Insofar as addition of Respondent No.3(A) is concerned, this Interim Application is partly rejected for the reason that Respondent No.3 (A) is alleged to be a contemnor, just because recently Respondent No.3(A) has joined duties. This does not mean that she would automatically become a contemnor. The Petitioner will have to serve a notice on her and bring the order of this Court to her knowledge and give her an opportunity to implement the same. 4.

Similarly, insofar as addition of Respondent No.8(A) is concerned, this Application is partly rejected for the reason that Respondent No.8 is alleged to be a contemnor, just because he has recently joined. This does not mean that he would automatically become a contemnor. The Petitioner will have to serve a notice on him and bring the order of this Court to his knowledge and give him an opportunity to implement the same.

INTERIM APPLICATION NO.8141 OF 2024 5.

No urgency in the Contempt Petition for an expedited out of turn hearing. Hence, this Interim Application is rejected. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)