Mr. Jayantibhai Talakchand Shah Alias Jayantilal T. Shah v. Mr.Bipin J. Mehta Trustees Of Matunga Jain Shwetambhar Murti Pujak Tapagachha Sangh And Charities A

[Spl. --H.C.A.S.C.D. 79c FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE INTERIM APPLICATION NO. 7116 OF 2025 IN FIRST APPEAL NO. 58 OF 2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM :- S.R. AGRAWAL REGISTRAR (JUDL.-II) DATE :- 09th April, 2025.

Adv. Rajesh B. Doshi a/w. Adv. Neha R.

Doshi i/by Legal Juris present for the Applicant The appellant has filed present Interim Application seeking permission to delete the names of respondent Nos. 9 to 11 and add proposed respondent Nos. 9 to 12 in the capacity of new trustees of respondent No.

12 trust.

I have perused the application and record. Heard, learned advocate - Mr.

Rajesh B. Doshi for the Appellant/Applicant.

The respondents have given consent to the proposed amendment vide letter dated 17th March 2025.

The learned advocate for the applicant submitted that the respondent Nos. 1 to 11 are the trustees of respondent No. 12 trust and respondent No. 13 is the Charity Commissioner. The learned advocate for

respondent Nos. 1 to 3 vide letter dated 17th March 2022 has informed about change in the constitution of the trustees of respondent No. 12 trust. He further submitted that the respondent Nos. 9 to 11 have been removed as the trustees and proposed respondent Nos. 9 to 12 have been added/joined as a new trustees. He further submitted that the respondents have no objection to allow the application.

Therefore, he prayed to allow the application.

On perusal of record, it is emerged that respondent Nos 9 to 11 are removed as a trustee of the respondent No. 12 trust and proposed respondents are joined as a new trustee. Since the respondent Nos. 1 to 12 have no objection, the application deserves to be allowed. Hence, by virtue of powers conferred upon the Registrar vide Chapter II Rule 3, Sub Rule (C) of the Bombay High Court, Appellate Side Rules, 1960, the application is hereby allowed.

The learned advocate for the appellant is permitted to delete the names of respondent Nos. 9 to 11 and replace the proposed respondents in the Title Clause of the proceeding in the capacity of new trustees of respondent No. 12 trust.

The learned advocate for appellant shall carry out proposed amendment and file amended copy of appeal memo within 02 weeks.

Sd/- Registrar (Judl.-II) sat-R(J-II)-09.04.2025