R. K. Developers, Thr. Ravikumar Kunjbihari Agrawal v. Shri Balasaheb Trust, Mehkar Thr. Trustee, Harshal S/O Hari Soman (Transpose To P.No.2) And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAW) No.1639 OF 2025 IN WRIT PETITION No.3665 OF 2025 (R.K. Developers, through Revikumar Kunjbihari Agrawal Vs. Shri Balasaheb Trust, Mehkar, Distt. Buldhana, through its Trustee and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. R.L. Khapre, Senior Advocate with Mr. D.R. Khapre, Advocate for petitioner. Ms. P.C. Bawankule, AGP for respondent No.6. CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 05 th AUGUST, 2025.

1.

Heard Mr. R.L. Khapre, learned Senior Advocate for the petitioner.

2.

To meet the objection about the locus to file the petition, an application for transposition of party by transposing respondent No.1-Trust as petitioner Nos.2 and for amendment of the petition is filed.

3.

In support of his submissions for establishing the locus reliance is placed on the judgment of Full Bench in the matter of Sailesh Developers and another Vs. Joint Charity Commissioner, Maharashtra and others, reported in 2007(3) Mh.L.J. 717.

4.

Having regard to the submissions advanced, the application is allowed.

6-wp3665.25.odt 2/2 5.

The respondent No.1-Trust is permitted to be added as party petitioner No.2 in the petition.

6.

Necessary amendment be carried out within a period of one week from today.

7.

The application is disposed of.

WRIT PETITION No.3665 OF 2025 1.

Keeping open the issue of locus of petitioner No.1, issue notice to the respondents, returnable after four weeks. 2.

Ms. P.C. Bawankule, learned A.G.P. waives service of notice on behalf of respondent No.5-Joint Charity Commissioner, Amravati.

3.

In the meantime, by way of ad-interim relief, the effect and operation of the order dated 12.3.2025 passed by the respondent No.6 shall remain stayed, till next date. 4.

The petitioner is permitted to serve the respondents by registered post acknowledgment due in addition to regular mode of service and file an affidavit of service on or before next date.

(PRAFULLA S. KHUBALKAR, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PS To Honourable Judge Date: 05/08/2025 18:37:11