Miraj Medical Centre Mirajand ORS v. Jems Emanual William And ANR

28-wp-10634-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10634 OF 2025 Miraj Medical Centre Miraj and Ors ...

Petitioners V/s.

Jems Emanual William and Anr.

...

Respondents ------------------- Mr. Nagesh Y. Chavan with Ankita Chindare, for the petitioners -------------------- VARSHA DEEPAK GAIKWAD

CORAM

:

N.J. JAMADAR, J.

VARSHA DEEPAK GAIKWAD Date: 2025.08.11 14:41:31 +0530 DATE :

7th AUGUST 2025 PC:

1.

Heard the learned counsel for the petitioners. 2.

The challenge in this petition is to an order dated 24th June 2025, whereby the learned Joint Charity Commissioner directed the petitioner-original respondent to produce the agreement, contract or document executed between the Petitioners and NEHDTC. 3.

In the reply to the application filed on behalf of the Respondents in Application No. 8 of 2025 filed under Section 41-E of the Maharashtra Public Trust Act, 1950, the petitioners have categorically stated that, no agreement for sale or alienation of any of the trust property has been executed.

4.

The question as to whether the petitioners have been called upon to perform an impossible act arises for consideration. varsha

28-wp-10634-2025.doc 5.

Issue notice to the respondents, returnable on 18th September 2025.

6.

In addition to notice through Court, the petitioners are at liberty to serve the Respondent nos 1 and 2 by private service and file an affidavit of service.

7.

In the meanwhile, there shall be an ad-interim relief in terms of prayer clause (c).

(N.J. JAMADAR, J) varsha