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Bombay High CourtIA/12548/2025disposed off

Ramesh Pahilaj Rai Gaba Since Dec Thr Legal Heirs v. Gobindham Charitable Trust And ANR.

2025-11-04Hon'Ble Shri Justice M. M. Sathaye2 pages

23-WP-3787-2005 C.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12548 OF 2025 IN WRIT PETITION NO. 3787 OF 2005 Ramesh Pahilaj Rai Gaba since deceased through Legal Heirs an anr.

...Applicants

Versus

Gobindham Charitable Trust And Anr.

...Respondents

SNEHA NITIN CHAVAN **** Mr. Ashok Tajane for Applicants Mr. G.H. Keluskar for Respondent No.1.

Mr. Dharam Ramesh Gaba, Applicant No.1A in IA/12548/2025 is present in the Court.

**** CORAM :

M.M. SATHAYE, J.

DATE :

4th NOVEMBER, 2025 P.C. :

SNEHA NITIN CHAVAN Date: 2025.11.06 11:46:24 +0530 1.

Heard learned Counsel for the Applicants and learned Counsel for the Respondent No.1 Trust. This is an application for bringing the Applicants on record as legal heirs of sole petitioner. There is delay of about 7 years and 1 month in filing application. 2.

Learned counsel for the Applicant has placed on record a copy of the registered Deed of Surrender dated 16/10/2025 under which the Applicants have agreed and undertaken to withdraw the present Writ Petition under Clause (xiii). The same is marked 'X' for identification. He submits that the application is filed to Applicants on record of the present petition, only to ultimately withdraw the petition. On instructions, he seeks permission to delete the name of Respondent No.2 from the application. Permission is granted to delete Respondent No.2. Amendment to be carried out before 12.11.2025. Sneha Chavan 1/2

23-WP-3787-2005 C.doc 3.

Learned counsel for the Respondent No.1 Trust submits on instructions that he has no objection to the application being allowed, if ultimately the petition is going to be withdrawn. 4.

Considering the said submissions and averments in the application, sufficient cause is made out, application is allowed. Delay in filing application is condoned. The Applicants are permitted to be brought on record as legal heirs of sole Petitioner. Amendment to be carried out before 12.11.2025.

5.

IA/12548/2025 is disposed of in above terms.

6.

Place the writ petition for withdrawal on 12.11.2025. (M.M. SATHAYE, J.) Sneha Chavan 2/2