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Bombay High CourtCAN/28/2025ca disposed off

Manzoor S/O Ghulam Ahmed And Others v. Jay Sudhakar Naik, President Janta Shikshan Prasarak Mandal, Pusad, Yavatmal And ORS

2025-03-17Hon'Ble Shri Justice Anil L. Pansare3 pages

1/3 56.can.28.2025 in can.100.2024 in cp.175.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAN) NO. 28 OF 2025 IN CIVIL APPLICATION (CAN) NO. 100 OF 2024 WITH CIVIL APPLICATION (CAN) NO. 31 OF 2025 IN CONTEMPT PETITION NO. 175 OF 2022 (Manzoor Ghulam Ahmed & Ors. V/s Jay Shankar Naik & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R. L. Khapre, Senior Advocate assisted by Mr. R. G. Kavimandan, Advocate for Petitioners.

Mr. A. S. Deshpande, Advocate for Respondent Nos.1 and 2.

Ms. P. C. Bawankule, AGP for Respondent/State. ---------------------------

CORAM

: ANIL L. PANSARE, J.

DATE : MARCH 17, 2025.

CIVIL APPLICATION (CAN) NO. 28 OF 2025 By the present Application, the Petitioners intend to delete the name of Respondent No.4 - Shri Jay Sudhakar Naik, Respondent No.7 - Shri Govardhandas Kisanlal Soni and Respondent No.10 - Shri Anil Madhukar Naik from the array of Respondents in Civil Application (CAN) No.100/2024 on the count that Shri Jay Sudhakar Naik is already made party - Respondent No.1, whereas Shri Govardhandas Kisanlal Soni and Shri Anil Madhukar Naik have expired.

2/3 56.can.28.2025 in can.100.2024 in cp.175.2022.odt 2.

In view of above, the Civil Application is allowed. 3.

Necessary amendment be carried out forthwith in Civil Application (CAN) No. 100/2024.

CIVIL APPLICATION (CAN) NO. 31 OF 2025 In response to the order dated 24/2/2025, the learned Counsel for Respondent Nos.1 and 2 has tendered across bar present Application seeking time of eight weeks to deposit an amount of Rs.2,00,000/- each in the accounts of the Petitioners. Time granted, however, if the amount is not so deposited within stipulated time, the Respondent Nos.1 and 2 shall pay Rs.50,000/- each to the Petitioners as compensatory costs. 2.

Civil Application stands disposed of accordingly. CONTEMPT PETITION NO. 175 OF 2022 As far as the present Contempt Petition is concerned, the parties shall go through the Judgment in the case of Shaikh Badarunnisa Begum Shaikh Abbas V/s State of Maharashtra and others, 2004(2)Mh.L.J.407 and make submissions accordingly. 2.

The learned Counsel for Respondent Nos.1 and 2 seeks time to file reply to the additional affidavit dated 13/3/2025. Time granted.

3.

The learned AGP shall file report as regards financial status of the Trust which should include the financial status of each Institution. The learned AGP shall also take instructions and

3/3 56.can.28.2025 in can.100.2024 in cp.175.2022.odt file report as to whether the procedure as laid down in Sheikh Badrunnisa Begum's case has been followed. If not, what steps have been taken to ensure the compliance of order passed by the School Tribunal.

CIVIL APPLICATION (CAN) NO. 100 OF 2024 The learned Counsel for Respondent Nos.1 and 2 seeks two weeks' time to file reply. Time granted. 2.

Stand over in the week commencing from 7th April, 2025.

(ANIL L. PANSARE, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 18/03/2025 17:16:02