All Writ Petition (Civil)

Order - Status 5: Sequeira IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 2082 OF 2016 Office Notes, Office Memoranda of Coram, appearances, Court's Court's or Judge's Orders order or Directions and Registrar's Orders Mr.Shriram Kulkarni for the Petitioner. None for Respondents. CORAM : N.M.Jamdar, J. Thursday, 22 September 2016. P.C. : Place the Petition on board on 17 October 2016. If the Petitioner makes an application for adjournment, the learned Civil Judge, Daund, Pune will grant the same. (N.M.Jamdar, J.)

Order - Status 7: dik IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2082 OF 2016 Raghunath Sahebrao Konde ...Petitioner vs Ramakant Dattatraya Deshpande & Ors. ...Respondents ..... Mr S.S.Kulkarni for the Petitioner None for the Respondents CORAM : N. M. JAMDAR, J. 17 OCTOBER, 2016 P.C. : None for the Respondents. S.O. to next CMIS date i.e. 2 March 2017. The Petitioner will give notice of the next date to the Respondents and file an affidavit of service. Earlier liberty to continue till the adjourned date. ..... ( N.M.JAMDAR J. )

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2082 OF 2016 Raghunath Sahebrao Konde .. Petitioner V/s. Ramakant Dattatraya Deshpande ... Respondent Mr.Shriram Kulkarni a/w Ms.Madhura Deshmukh for the petitioner CORAM: K.K. TATED, J. DATED : MAY 2, 2018 P.C. : 1 Heard. 2 By this petition, under Article 227 of the Constitution of India, Petitioner plaintiff is challenging the order dated 19.11.2015 passed by 2nd Joint Civil Judge, Senior Division, Pune rejecting Petitioner's Application below Exhibit 53 in Regular Civil Suit No.193 of 2010 for amendment of plaint under Order 6 Rule 17 of the Code of Civil Procedure, 1908. Hence, the present Writ Petition. 3 In the present Writ Petition, Petitioner plaintiff initially filed Regular Civil Suit No.193 of 2010 for an order of injunction restraining Respondent original defendant from disturbing his possession in respect of suit property as described in paragraph 1 of the plaint. In that Suit, Respondent defendant filed written statement as well as counter claim. Thereafter Petitioner plaintiff filed Application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 on 25.10.2012 for allowing him to carry out amendment and claimed specific performance of agreement dated 06.08.1996 on payment of court fees and also for joining Sou.Chinga alias Kunda Suresh Deshpande as defendant no.5. 4 Bare reading of the Application filed by the plaintiff for amendment under Order 6 Rule 17 of Code of Civil Procedure, 1908 dated 25.10.2012 shows that though the Suit was filed in 2010, amendment Application was filed on the basis of document executed in the year 1996. Not only, that plaintiff wanted to carry out amendment by converting suit for injunction in Suit for specific performance. 5 It is to be noted that even Apex Court in the matter of North Eastern Railway Administration, Gorakhpur vs. Bhagwan Das (D) by Lrs., 2008(8) SCC 511 held that the principles governing the question of granting or disallowing the amendment under Order VI Rule 17 of the Code of Civil Procedure, 1908 are well settled. Order VI Rule 17 of the Code of Civil Procedure, 1908 postulates amendments of pleadings at any time of the proceedings. All amendments ought to be allowed which satisfy two conditions (a) of not working any injustice to the other side; and (b) of being necessary for the purpose of determining the real question of controversy between the parties. Amendment should be refused only where the other party cannot be placed in the same position as if the pleadings had been originally corrected, but the amendment would cause him an injury which could not be Mohite 2/3 compensated in costs. In the case in hand, the original Plaintiff – Petitioner filed simplicitor suit for injunction inspite of having entire knowledge about the earlier agreement dated 06.08.1996 and by way of amendment he wants to convert the same for specific performance of the said agreement dated 06.08.1996. On delay a reference can be made to the Apex Court judgment in the matter of Van Vibhag Karamchari Griha Nirman Sahakari Sanstha Maryadit v. Ramesh Chander (2010) 14 SCC 596. 6 Hence, I do not find any reason to interfere with the well reasoned order. 7 Hence, Writ Petition stands rejected. 8 At this stage, the learned counsel for the petitioner submits that petitioner may be permitted to make appropriate application before the Trial Court for joining Sou.Chinga alias Kunda Suresh Deshpande as defendant no.5. 9 Considering the submission made by the learned counsel for the petitioner, liberty granted to the petitioner to make application in the Trial Court for joining Sou.Chinga alias Kunda Suresh Deshpande as party defendant no.5 in Suit within 8 weeks from today. 10 If such application is filed, Trial Court to decide the same on its own merits, after hearing both the sides. ( K.K. TATED, J. )

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO. 1621 OF 2011 WITH CRIMINAL WRIT PETITION NO. 1622 OF 2011 WITH CRIMINAL WRIT PETITION NO. 1623 OF 2011 Global Trade Finance Limited ... Petitioner Versus State of Maharashtra and Anr. ... Respondents Mr. Yashpal Thakur i/by M/s. Paras Kuhad & Associates, Advocate for the petitioner. Mr. S.S. Pednekar, A.P.P. for State in Cri.W.P. No. 1621 of 2011. Mr. A.S. Shitole, A.P.P. for State in Cri.W.P. No. 1622 of 2011. Mr. S.A. Shaikh, A.P.P. for State in Cri.W.P. No. 1623 of 2011. CORAM : K.U. CHANDIWAL,J. DATED : SEPTEMBER 20, 2011 P.C. Heard. Issue notice to respondents returnable on 17.11.2011. The learned A.P.P. waives service on behalf of State. To be heard finally at admission stage along with W.P. No. 1620 of 2011. (K.U. CHANDIWAL,J.)

Order - Status 14: WP 1621 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1621 OF 2011 Global Trade Finance Limited (now known as SBI Global Factors Limited) .. Petitioner. V/s. The State of Maharashtra and anr .. Respondents Mr. Yashpal Thakur i/b M/s Paras Kuhad & Associates, for the petitioner. Mrs. P. P. Shinde, APP for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 18th October, 2012 P.C. Learned counsel for the petitioner states that since Respondent No.2 was reported to have died, this petition may be disposed of. This petition is disposed of accordingly. (R.C.CHAVAN, J.)

Order - Status 9: jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 5300 OF 2011 WITH CIVIL WRIT PETITION NO. 5301 OF 2011 Jaywant Jagannath Patil and others .. Petitioners Versus Ratansey Karsondas and others ... Respondents Mr.P. S. Dani i/by Mr. Abdul Latif N. Khatri for the petitioners. Mr. R.V. Singh for respondent No.23 CORAM : R. Y. GANOO, J. DATED : 17rd October, 2011 P.C. Learned Advocate Mr. Dani appearing for the petitioners wants to file affidavits of service on certain respondents. Same are taken on record in each petition. He states that some of the respondents are unserved. Returnable date in the petitions is extended upto 30th November, 2011 in regard to unserved respondents. Petitioners to serve the unserved respondents by hand delivery only and file affidavit of service.

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5300 OF 2011 WITH WRIT PETITION NO.5301 OF 2011 Jaywant Jagannath Patil : Petitioner versus Ratansey Karsondas & ors. : Respondents. Shri Nilesh Jaywant Patil CA of the Petitioner present in Court. Mr. Anikt Ludhia i/by Hariani & Co. for Respondent Nos.5,6,10,13 to 15 CORAM : R M SAVANT, J. DATE : 30th November 2011 P.C. 1 The Constituted Attorney of the Petitioner, who is present in court, states that his lawyer Shri Abdul Khatri, is not available. He therefore seeks time. At his request adjourned for three weeks. [R.M.SAVANT, J] lgc

Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5300 OF 2011 WITH WRIT PETITION NO.5301 OF 2011 Jayawant Jagannath Patil & Deceased Jayshree Jaywant Patil & Ors. .. Petitioners Vs. Ratansey Karsondas & Ors. .. Respondents Mr. Abdul Latif N. Khatri for the Petitioners in both Petitions. Mr. Anketh Nair i/b Mr. Anosh Sequeira i/b M/s. Hariani & Co. for the Respondent nos.5, 6, 10, 12 to 15. CORAM : K.K.TATED, J. DATED : 11/06/2013. PC : At the request of the advocate for the Petitioners, the matter is adjourned to 3rd July, 2013. (K.K.TATED, J.) katkam

Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5300 OF 2011 WITH WRIT PETITION NO.5301 OF 2011 Jayshree Jaywant Patil and others .. Petitioner v/s. Rastambey Karsondas & Ors. ..Respondent/s Shri R.V.Govilkar with Abdul Latif N. Khatri for the Petitioner in both petitions. Shri Ankit Lohia with Rahul Hingorani i/b. Hariani & Co. for the Respondent Nos.5, 6, 10 and 12 to 15 in both the petitions. Shri Vivek Kantawala i/b. Vivek Kantawala and Co. for the respondent nos.18, 19 and 22 in both the petitions. CORAM: R.Y.GANOO, J. DATED : OCTOBER 22, 2013. P.C. : Heard learned Advocates on both sides. Rule. Rule made returnable on 18.11.2013 as the point involved is very narrow. Learned Advocate Mr. Kantawala waives service on behalf of respondent nos.18, 19 and 22. Learned Advocate Mr. Lohia waives service on behalf of respondent nos.5, 6, 10 and 12 to 15. Rule be served through court as well as by private service. The petitioners to file affidavit of service so far as private service is concerned. Hamdast is granted. The petition be shown for final hearing in the week commencing from 18.11.2013 as rule is made returnable on 18.11.2013 itself. Right from 2011 there was no interim relief granted. Now that the petitions are posted for final hearing they will appear on the relevant date. As of today, no interim relief as regards stay of the trial. [R.Y.GANOO, J.]

Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5301 of 2011 Jayshree Jaywant Patil & Ors. .. Petitioners v/s. Ratansey Karsondas & Ors. ..Respondent/s Mr.R.V.Govilkar a/w. A.L.N. Khatri for the Petitioners. Mr.Ankit Lohia, Counsel a/w. Mr. Shailesh Poria, Mr.Rahul Hingmire i/b. M/s. Hariani & Co. for the Respondent nos.5, 6.10, 12 to 15. Ms.Sneha Nanandkar i/b. Vivek Kantawala for the Respondent Nos.18, 19 and 22. CORAM: R.Y.GANOO, J. DATED : DECEMBER 21, 2013. P.C. : Original Plaintiff Mr. Jaywant J. Patil, who filed this petition has expired during the pendency of this petition. Said original plaintiff Mr.Jaywant J Patil, since decesed, shall hereinafter be referrred to as original plaintiff. The original plaintiff filed Short Cause Suit No.8031 of 1984 for certain reliefs against various defendants as per the cause title. The original plaintiff had taken out Chamber Summons No.908 of 2010 on 28.9.2010. Affidavit in support dated 28.9.2010 was to be used to support the prayers in the chamber summons. By this Chamber Summons No.908 of 2010, by prayer clause (a) it was prayed that the delay in taking out the Chamber Summons be condoned. By prayer clause (b) it was prayed that name of defendant no.8 Gopalji Virji Surji be deleted and in its place consequential amendment be permitted to be made by joining respondents in the chamber summons i.e. Ms.Jayalaxmi Gopal Virji & Ms. Anjali Gopal Virji. By prayer clause (c) it was prayed that pending the hearing and final disposal of the suit, defendant nos.4, 5, 6, 9,10,12, 13, 14 and 15 be directed to furnish to the original plaintiff or his advocate names, ages and addresses of the heirs and legal representatives of the defendant nos.1, 2, 3, 7 and 11, since expired, to enable the Original plaintiff to take further steps in the matter. To this chamber summons affidavit in reply came to be filed by original defendant nos.5 said chamber summons was opposed by these defendants. They are respondents in this petition. The said chamber summons was heard and disposed of the learned learned Judge of the City Civil Court by order dated 4.2.2011. At this stage it is required to be mentioned that this chamber summons was decided by the learned judge of the City Civil Court by speaking order dated 4.2.2011. In the operative part of the order instead of stating that Chamber Summons No. 908 of 2010 is dismissed, it is mentioned that Chamber Summons No.1024 of 2010 is dismissed. Obviously this is a typographical mistake and to that extent I am inclined to read the order dated 4.2.2011 as having been passed in Chamber Summons No.908 of 2010. To be fair to the learned Advocates who appeared before this Court they stated across the bar, upon instructions, that they have no objection for the court taking the aforesaid view. So far as the Chamber Summons is concerned, it is noted that by this Chamber Summons the original plaintiff wanted to delete defendant no.8 and bring on record Ms.Jayalaxmi and Ms.Anjali as defendants. These two persons are served in this writ petition, however, they are absent. The original defendant nos. 5, 6, 9, 10, 12 to 15 who are respective respondents in this petition are represented by an advocate as mentioned aforesaid. Learned Advocate Mr. Govilkar appearing on behalf of the petitioners submitted that the learned Judge of the City Civil Court ought to have appreciated the provisions of Order 22 Rule 10A of C.P.C. And Order 22 Rule 4 of C.P.C. and the learned Judge should have accepted the submissions made across the bar as regards duty cast upon the advocate appearing for respective defendant to disclose the fact of death of the respective defendant and the date of death, as also the names and other particulars of the heirs of such a defendant. Learned Advocate Mr. Govilkar submitted that the view taken by the learned Judge of the City Civil Court to dismiss the chamber summons was not proper and as such the chamber summons should be made absolute. Learned Advocate Mr.Ankit Lohia supported the impugned order, whereby the learned Judge of the City Civil Court had taken a view that Order 22 Rule 10A of CPC can be interpreted to a limited extent, that is to say, if the advocate for a particular defendant comes to know the fact of death of his client, it would be the duty of the said advocate to inform the court the fact of death of such defendant. He submitted that the Chamber Summons was rightly dismissed. Learned Advocate Ms.Sneha Nanandkar supported the arguments of learned advocate Mr. Lohiya. I have heard learned Advocates on both sides. I have gone through the text of the affidavit in support of the chamber summons. It is required to be mentioned that in the affidavit in support of the chamber summons dated 28.9.2010, the date on which the original defendant no.8 has expired is not mentioned. Same is the position as regards defendant nos.1, 2, 3, 7 and 11. In my view, the date when a particular party has expired and mentioning of the same in the affidavit in support is of importance with reference to the question whether the chamber summons is filed within the period of limitation. Provisions of Article 120 of the Limitation Act, 1963 (Limitation Act) governs the period of limitation for filing application to bring heirs of a defendant on record. The period of limitation is 90 days and time from which the period begins to run is "the date of death of the plaintiff, appellant, defendant or respondent as the case may be". The provisions of Order 22 Rule 4 of Civil Procedure Code also provides for bringing the names of the heirs of the defendant who has expired. In view of the provisions of article 120 of the Limitation Act, mentioning of the date when the person has expired is of importance as stated earlier. To my mind, three dates are relevant (1) the date on which a particular defendant has expired (2) the date on which the plaintiff comes to know about the death of a particular defendant whose heirs are sought to be taken on record and (3) the date on which proceeding is taken out for bringing heirs on record of such a defendant who has expired. In my view, unless the date of death of a particular defendant whose heirs are sought to be brought on record is not mentioned, then it would be difficult for the court to decide whether the application for bringing heirs on record is filed within the period of limitation or beyond the period of limitation. This is so because if the application is filed for bringing heirs of a particular defendant on record and if there is a delay, such a delay has to be explained in the said application. It would then be left to the court to either accept the explanation and condone the delay or to reject the explanation and reject the application filed for bringing heirs of a particular defendant on record. As mentioned earlier, in the affidavit dated 28.9.1010 there is no mention as to the date on which a particular defendant has expired. As such, the minimum requirement for filing an application for bringing heirs of a particular defendant on record is not complied with. The learned Judge of the City Civil Court in his order dated 4.2.2011 has not adverted to this aspect of the matter. In my view, in the absence of the date of death of a defendant whose heirs are sought to be brought on record, the learned Judge could not have granted leave to original plaintiff to take out Chamber Summons. It is on this ground I am inclined to observe that the chamber summons filed by the petitioner being Chamber Summons No,908 of 2010 cannot be termed as a chamber summons properly filed and as such the said chamber summons will have to be termed as not maintainable. Once it is held that the Chamber Summons No.908 of 2010 is not maintainable, the order dated 4.2.2011 passed by the learned Judge of the City Civil Court dismissing the said chamber summons will have to be treated as non-est. This will equally mean that the present petitioners can be permitted to file a fresh chamber summons by mentioning therein the date on which the respective defendant has expired. Since this court is holding that the order dated 4.2.2011 is non-est, the observations made by the learned Judge on the interpretation of Order 22 Rule 10A and Order 22 Rule 4 of the Code of Civil Procedure other observations will be declared as non operative so far as the parties to the chamber summons. In view of the aforesaid discussion, in the first place, the present petitioners will have to ascertain the date of death of original defendant no.8 and other defendants namely defendant nos.1, 2, 3, 7 and 11 and the petitioners will also have to ascertain the names and other particulars of the heirs of defendant nos.1, 2, 3, 7 and 11 and it is thereafter the petitioners would be able to file a proper chamber summons accordingly and seek appropriate reliefs. For doing this, liberty will have to be granted to the petitioners. Needless to mention that if such a chamber summons is filed, all persons who are joined as opponents to such a chamber summons will be at liberty to oppose the said chamber summons by raising appropriate contentions. All contentions in that behalf are left open. Liberty is required to be given to the petitioners to file independent application seeking limited prayer as has been done in terms of prayer clause (c) of the chamber summons, then all the persons who are joined as opponents in the said application can oppose said application. All contentions in that behalf are kept open. In view of the aforesaid observations, following order is passed to dispose of this chamber summons: ORDER i) Order dated 4.2.2011 passed by the learned Judge of the City Civil Court, in Chamber Summons No.908 of 2010 is set aside as nonest, Chamber Summons No.908 of 2010 is dismissed as not maintainable. ii) Liberty is given to the petitioner to file a fresh chamber summons to bring on record heirs of defendant nos.8 as also heirs of defendant nos.1, 2, 3, 7 and 11 by mentioning in the affidavit in support of the chamber summons the date of death of the respective defendant. Needless to mention that the persons who are sought to be brought on record as heirs of defendant nos.8, 1, 2, 3, 7 and 11 will have to be joined as respondents. These respondents and such other defendants who are interested in opposing the new chamber summons are free to oppose the said chamber summons by raising appropriate conclusions. All contentions in that behalf are left open. The learned Judge of the City Civil Court, Mumbai shall decide the chamber summons on merits. Iii) Liberty is given to the petitioners to file independent application seeking limited prayer as has been done in terms of prayer (c) of the aforesaid chamber summons. All the persons who are joined as opponents in the said application can oppose said application. All contentions in that behalf are kept open. iv. In the facts and circumstances of the case, there shall be no order as to costs. [R.Y.GANOO, J.]

Order - Status 5: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.7727 of 2004 ------------------------------------------------ Office NOtes, Office Court or Judge's Order Memoranda of Coram, appearances, Court's orders or directions and Registrar's order --------------------------------------------------- Shri T.B.Bhosale for petitioner. CORAM: A.P.SHAH J. 14th October,2005 P.C. . Issue notice before admission to the respondents retutrnable on 28th November, 2005. Notice to indicate that the petition shall be disposed of at the admission stage. . Notice of the State Govt. to be served on the Government Pleader, High Court (Appellate Side,Writ Cell) Bombay.

Order - Status 5: FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4848 of 2010 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders CORAM : D.G. KARNIK, J DATE : 5th July 2010. Mr.R.R.Sonawane for the petitioner. P.C. : Issue notice before admission to the respondents returnable on 9 August 2010. Notice shall indicate that the writ petition may be disposed of finally at the stage of admission itself. In addition to the court service, petitioner shall serve the respondents by private notice and file affidavit of service. Interim relief in terms of prayer clause (b) to be operative till 9 August 2010 only. (D.G. KARNIK, J.)

Order - Status 10: FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4848 of 2010 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr.R.R.Sonawane for the petitioners. CORAM : D.G. KARNIK, J DATE : 18th November 2010 P.C. : Office to verify and report service. S.O for four weeks. (D.G. KARNIK, J.)

Order - Status 12: FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4848 of 2010 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders None for the petitioner. CORAM : D.G. KARNIK, J DATE : 20thDecember 2010 P.C. : None present for the petitioner when called. Writ Petition is dismissed for non prosecution. (D.G. KARNIK,J.)

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 4848 of 2010 Smt. Sumanbai w/d. Of Damu Bodake & ors. ... Petitioners v/s. Manohar Narayan Bodake & anr. ... Respondents Mr. R.R. Sonawane for the petitioners. CORAM:- B.R. GAVAI, J DATED :- APRIL 27, 2011. P.C. Inspite of being duly served with notice for final disposal, none appears for the respondents. Rule, Rule made returnable forthwith. Heard finally. The petitioners by way of present petition challenges the order dated 10th November, 2009 passed by the learned Civil Judge, Junior Division thereby rejecting the application filed by the present petitioner for setting aside no written-statement order. The respondents-plaintiffs have filed suit for partition. The petitioner no. 1 is the wife of deceased brother of the plaintiffs whereas no. 2 and 3 are the children of the petitioner no. 1. Respondents 4 and 5 are the sisters of the plaintiff. The suit summons came to be received by some of the defendants on 7th April, 2008 and by the others on 11th April, 2008. On being summoned the petitioners appeared on 3rd May, 2008 and thereafter from time to time on 26th June, 2008 and 4th July, 2008 file an application for grant of time to file written-statement. The same were granted. On the next date i.e.. 5th August, 2008, the written-statement was filed. However, since it was brought to the notice of the plaintiffs that the written-statement was filed after the period of 90 days, the application was filed on 15th September, 2008 below exhibit 19 for condonation of delay. The same was rejected on 15th October, 2008. As such the present application came to be filed for setting aside no written statement order. The parties are closely related to each other. The suit is for partition. It appears from the record that the applications filed by the present petitioner for adjournment, so as to enable them to file written-statement were granted and as such the written statement was filed beyond the period of 90 days. The delay is of 30 days. The petitioner no. 1 is the widow and no. 2 and 3 are her sons taking education whereas other petitioners are married sisters of the plaintiff who are residing at far away places. Taking into consideration these aspects of the matter and particularly that the learned trial Judge himself has granted adjournment to the petitioners to file written-statement, I am inclined to allow the petition. Rule is, therefore, made absolute in terms of prayer clause (a). (B.R. GAVAI, J)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5870 OF 2018 Sunanda Suresh Bhandalkar Petitioner Vs. Deputy Charity Commissioner & Ors. Respondents --- Ms.Manjiri S. Parasnis for the petitioner. Mr.R.P. Kadam, AGP for the respondent no.1. CORAM : R.D. DHANUKA, J. DATE : 31st October 2018 P.C.: . Issue notice upon the respondent nos.2 to 6, returnable on 10th December 2018. Learned counsel waives service for the respondent no.1. In addition to the Court notice, the petitioner is permitted to serve the respondent nos.2 to 6 by private notice through Registered A.D./Speed post/ Fax/Courier/hand delivery in advance and file affidavit of service before the returnable date. Humdust is permitted. There shall be ad-interim relief in terms of prayer clauses (c) and (d). The petitioner is directed to convey this order to the respondent nos.2 to 6. Parties as well as the District Judge to act on the authenticated copy of this order. R.D. DHANUKA, J.

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 5870 OF 2018 Sunanda Suresh Bhandalkar ....Petitioner V/S Deputy Charity Commissioner And Ors. ....Respondent CORAM : K.K. TATED, J DATE : 23rd January, 2019 P.C. : Due to paucity of time, S. O. to 28/02/2019. Interim protection, if any, granted earlier and in force as on today, to continue till next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 5870 OF 2018 Sunanda Suresh Bhandalkar ....Petitioner V/S Deputy Charity Commissioner And Ors. ....Respondent CORAM : K.K. TATED, J DATE : 28th February, 2019 P.C. : Due to paucity of time, S. O. to 01/04/2019. Interim protection, if any, granted earlier and in force as on today, to continue till next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5870 OF 2018 WITH WRIT PETITION NO. 12574 OF 2018 Sunanda Suresh Bhandalkar ...Petitioner vs. Deputy Charity Commissioner and ors. ...Respondents. Ms. Manjiri S. Parasnis for the Petitioner. Ms. M.S. Bane, AGP. For Respondent No.1. Mr. Pratap Patil for Respondent Nos. 2 and 3. ---- CORAM : C.V. BHADANG, J. DATE : 16th DECEMBER, 2019 P.C. Both these petitions are between the same parties and involve connected questions and as such, they are being disposed off by this common order. Ramrajya Shikshan Sanstha is a trust registered under the Bombay Public Trust Act ("Act" for short). On 5.4.2001 the lenared Deputy Charity Commissioner, Pune in C.R. No.700 of 2000 had directed the parties to apply for settlement of a scheme for the said trust and accordingly, an Application No.77 of 2002 was filed. The 1st respondent by an order dated 4.4.2005 framed a scheme for the said trust. Respondent Nos. 2 to 4 filed Misc. Civil Application No.353 of 2005 purportedly under Seciton 72 of the Act challenging the said scheme. A similar application was filed by Sambhaji Ganpat Shirsat and others being Misc. Civil Application No.1039 of 2017. The learned District Judge, Pune by a common Judgment dated 28.6.2011 allowed both these applications and while setting aside the order dated 4.4.2005 remitted the matter back for fresh enquiry and decision under Section 50(A) of the Act to the 1st respondent. That was challenged by the trust along with Sambhaji Ganpat Shirsat in First Appeal No.1796 of 2011. Suresh Jagannath Bhandalkar also challenged the said order in a separate Appeal being First Appeal No.1797 of 2011 before this Court. This court by a common Judgment and Order dated 26.2.2014 allowed both these appeals placing reliance on the decision of this court in the case of Vasantrao Vishwanathrao Mane and others 2008(3) Mah.L.J. 242 and Gaffar Sattarkhan Pathan and others vs. Marutirao Tatyaba Sarpate and anr. 2012 (3) Mah.L.J. 211 holding that the District Judge acting under Section 72 of the Act had no power of remand. Consequently, M.C.A. No. 353/2005 and M.C.A.No.1039 of 2007 were restored to the file of the learned District Judge, for deciding the same within the confines of Section 72 of the Act. The said applications are pending before the learned District Judge at Pune. The applicants before the learned District Judge filed an application Exh.64 purportedly under Section 72(1)(A) of the Act, for production of additional evidence. It is contended that the main ground of challenge to the order dated 4.4.2005 is that a fraud has been played when the scheme was framed. In short, it was contended before the learned District Judge that except the first and last page of the scheme which was submitted before the first respondent, other pages were changed. By a result of which, an altogether different scheme, than what was proposed and envisaged came to be framed on 4.4.2005. In short, it was claimed that it is necessary to afford an opportunity to lead evidence to bring out the said alleged fraud. The application was opposed on behalf of the present petitioner on the ground that the same is not maintainable and no such claim for leading of additional evidence was made in the first round of litigation, prior to the order of remand. The first respondent by impugned order dated 6.1.2018 has allowed the application Exh.64 which order is subject matter of challenge in Writ Petition No.5870 of 2018. In pursuance of the said order, an affidavit in evidence of Mr. Dattatraya Bhosale came to be filed before the learned District Judge at Exh.95. The said witness was orally examined on 22.10.2018 and the cross examination of the said witness on behalf of the petitioner has been closed and by a separate order of even date the matter is fixed for final arguments. These orders are subject matter of challenge in Writ Petition No.12574 of 2018. I have heard Ms. Manjiri Parasnis, the learned counsel for the petitioner and Mr. Patil, the learned counsel for respondent Nos.2 and 3. I have also heard Ms. Bane,AGP. for the 1st respondent. Perused record. It is submitted by the learned counsel for the petitioner that the impugned order is not sustainable, inasmuch as the applicant in M.C.A. No.353 of 2005 and 1039 of 2007 had never made any request for leading additional evidence in the first round i.e. prior to the order of remand dated 28.6.2011. It is submitted that, in any event, the respondents (applicants) in the aforesaid two applications cannot now enlarge scope of challenge and permission to lead evidence in two applications would enlarge the scope of challenge. The learned counsel strenuously urged that, the impugned order is in excess of the jurisdiction conferred upon the District Judge particularly when order in First Appeal No.1796/2018 does not contemplate or envisage the leanred District Judge allowing any further/additional evidence. It is submitted that this court has restored the aforesaid two applications on the file of the lenared District Judge only on the ground that the learned District Judge had no power to remand, while entertaining a challenge under Section 72 of the Act. It is thus, submitted that the impugned order dated 6.1.2018 (below Exh.64) cannot be sustained. In so far as W.P. No.12574/2018 is concerned, it is submitted that if the order permitting additional evidence is set aside, there is no occasion for further evidence of Mr. Dattatraya Bhosale being led. In the alternative, it is submitted that if this court is not inclined to interfere with the order dated 6.1.2018 (below Exh.64) which is subject matter of challenge in W.P.No.5870/2018 then permission be granted to the petitioner to cross examine Mr. Dattatraya Bhosale. Mr. Patil, learned counsel for respondent Nos. 2 and 3 has supported the impugned order. It is submitted that, it has all along been the case made out by these respondents that there has been fraud played wherein except the first and last page, other pages of the scheme were changed, as a result of which the scheme different than the one which was envisaged came to be approved by order dated 4.4.2005 He submitted that there are wide powers conferred on the District Judge under Section 72 of the Act which includes power to allow additional evidence being led, particularly when District Judge has been held to have no power to remand the matter. For this purpose, reliance is placed on the decision of this court in the case of Vasantrao Vishwanathrao Mane (supra). Ms. Parasnis, the lenared counsel for the petitioner submitted that the case of Vasantrao Vishwanathrao Mane (supra) is distinguishable on facts and is not applicable. I have considered the rival circumstances and the submissions made and I do not find that any case for interference is made out in the impugned order dated 6.1.2018, which is subject matter of challenge in W. P. No.5870/2018. It has all along been the case of respondent Nos. 2 to 4 that there has been fraud played in the matter of framing of scheme on 4.4.2005 as except first and last page all other pages of the proposed scheme were changed. It is neither necessary nor appropriate to go into the question as to whether the case made out can be accepted or not, inasmuch as the said matter is still subjudise before the learned District Judge. Section 72 of the Act has since been deleted by Maharashgtra Act 55 of 2017 with effect from 10.10.2017. However, Section 33 of the Amending Act provides that nothing in the said amending Act shall affect applications and/or appeals pending before any civil court on the date of commencement of the said Amendment Act, 2017. There is no dispute about the said aspect. This is only mentioned to put the record straight. Section 72(1A) of the Act, as it stood prior to its deletion and which is relelvant for the purpose reads thus:- "(1A) No party to such application shall be entitled to produce additional evidence, whether oral or documentary, before the Court, unless the Deputy or Assistant Charity Commissioner or the Charity Commissioner has refused to admit evidence which ought to have been admitted or the Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment or for any other substantial cause the Court thinks if necessary to allow such additional evidence: Provided that whenever additional evidence is allowed to be produced by the Court, the Court shall record the reason for its admission. (2) The court after taking evidence if any, may confirm, revoke or modify the deciion or remit the amount of the surcharge and make such orders as to costs as it thinks proper in the circumstances." It can thus be seen that the Deputy or the Assistant Charity Commissioner can in a given case admit evidence including the examination of any witness in the circumstances as set out in Section 72(1A) of the Act. This court in the case of Vasantrao Vishwanathrao Mane (supra) has held that the Deputy Charity Commissioner acting under Section 72 of the Act has specific powers only to confirm, revoke or modify the decision and there is no power of remand. It has been further held in this context that the specific power avaialble to the court under sub section (2) of Section 72 is inclusive of the power to take evidence if any. This court in Para 30 of the Judgemnt has held that, it is implicit that no special case is required to be made out as per the provisions of Order 41, Rule 27 of the Code of Civil Procedure in order to adduce additional evidence. It has further been held that this specific inclusion of the power to take evidence, will show that the intention of the Legislature is to avoid remand. As noticed earlier, it has all along been the case of repsondent Nos. 2 to 4 that there has been fraud played when the scheme was framed by order dated 4.4.2005 by change of certain pages and in that view of the matter, the lenared District Judge has thought it fit to allow such additional evidence being led. The record disclosed that, in pursuance of the said order an affidavit in examination-in-chief of Mr. Dattatraya Bhosale is already filed. The impugned order in my considered view is not amenable to interference particularly, when it does not result into any manifest injustice on the petitioner. The contention that such a request was not made prior to the remand, to my mind cannot be accepted. Only because at that point of time request was not made, cannot preclude the first respondent to permit such evidence being led, if a case to that effect is made out, In that view of the matter, W.P.No.5870 of 2018 has to fail. This takes me to WP No.12574/2018 in which the challenge is to the closure of the cross examination on behalf of the petitioner of Mr. Dattatraya Bhosale. In my considered view for a fair trial and in the interest of justice opportunity to cross examine Mr. Dattatraya Bhosale needs to be granted. The possibility of petitioner having failed to cross examine the said witness as petitioner was contemplating challenge to the order dated 6.1.2018 cannot be ruled out, However, once that challnge has failed, I find that such an opportunity needs to be granted. Ms. Parasnis, the lenared counsel for the petitioner at this stage submitted that, taking advantage of the order dated 6.1.2018, the petitioner may lead evidence which may not be strictly relevant for deciding Civil Misc. Application No.353/2005. The apprehension in my considered view is misplaced as the learned District Judge has to ensure that the evidence being led is strictly relevant for deciding the issues arising in Misc. Civil Applciation NO.353/2005 and such additional evidence shall only be restricted to the grounds of challenge as raised in Misc. Civil Application No.353/2005. In the result, following order is passed. ORDER a) Writ Petition No.5870 of 2018 is hereby dismissed. The order dated 6.1.2018 (below Exh.64) permitting to lead additional evidence is hereby confirmed. Needless to mention that such evidence shall be confined to the grounds of challenge as raised in Misc. Civil Application No.353 of 2005. b) Writ Petition No.12574 of 2018 is allowed. The impugned orders dated 22.10.2018 (below Exh.95) and below Exh.109 are herebty set aside. c) The petitioner is permitted to cross examine the witness Dattatraya Bhosale (Exh.95). d) In the circumstances, there shall be no order as to costs. e) At this stage Ms. Parasnis, the learned counsel for the petitioner prays for extension of interim relief for a period of four weeks. On hearing the lenared counsel for the parties, it is directed that ad-interim relief granted on 31.10.2018 in terms of prayer clause (c) and (d) shall continue to operate for a period of four weeks from today. [C.V. BHADANG, J.]

Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5870 OF 2018 ….. Sunanda Suresh Bhandalkar Petitioner vs. Deputy Charity Commissioner & Ors. Respondents Ms. M. S. Parasnis, Advocate for Petitioner. Mr. A. R. Metkari, AGP for Respondent No.1 / State. Mr. Pratap Patil, Advocate for Respondent Nos.2 & 3. CORAM : C.V. BHADANG, J. DATE : 13th JANUARY, 2020 P.C. . Not on board. Taken on board. This is mentioned for extension of the ad-interim relief which was continued for a period of four weeks on 16/12/2019. On hearing learned counsel for the parties, ad-interim relief shall continue to operate for period of three weeks as a last chance. No further extension shall be granted. Stand over to 3/2/2020. C.V. BHADANG, J.

Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5870 OF 2018 ….. Sunanda Suresh Bhandalkar Petitioner vs. Deputy Charity Commissioner & Ors. Respondents Ms. Priya Shetty i/b. Ms. M. S. Parasnis, Advocate for Petitioner. Mr. A. R. Metkari, AGP for Respondent No.1 / State. Mr. Pratap Patil, Advocate for Respondent Nos.2 & 3. CORAM : C.V. BHADANG, J. DATE : 3rd FEBRUARY, 2020 P.C. . The petition is already disposed of on 16/12/2019. Hence, removed from board. C.V. BHADANG, J. Mamta Kale

Order - Status 19: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5870 OF 2018 WITH WRIT PETITION NO. 12574 OF 2018 Sunanda Suresh Bhandalkar ..Petitioner vs. Deputy Charity Commissioner & Ors. ..Respondents Ms. Priya Shetty i/b. Ms. M. S. Parasnis, Advocate for Petitioner. Mr. A. R. Metkari, AGP for Respondent No.1 / State. Mr. Pratap Patil, Advocate for Respondent Nos.2 & 3. ….. CORAM : C.V. BHADANG, J. DATE : 3rd FEBRUARY, 2020 P.C. . The petition is already disposed of on 16/12/2019. Hence, removed from board. C.V. BHADANG, J.

Order - Status 7: IN THE HIGH COURT OF JUDIATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1669 OF 2004 M/s.Standard Industries Ltd. .. Petitioners Vs. State of Maharashtra & Ors. .. Respondents. Mr.O.A.Siddiqui for the petitioners. Mr.R.Y.Mirza APP for the respondent. CORAM : D.B.BHOSALE, J. DATED : 27TH AUGUST, 2004 P.C.: . Heard Mr.Siddiqui, learned counsel for the petitioners and Mr.Mirza, learned A.P.P. for the respondent. Mr.Siddiqui, learned counsel for the petitioners, at the outset submits that the petitioners would be satisfied if they are given liberty to approach the concerned Magistrate for appropriate relief. This application is disposed of with liberty to the petitioners as prayed for. If such application seeking relief as prayed for in the instant petition is filed by the petitioners, same may be considered on merits and disposed of expeditiously. The application is disposed of. (D.B.Bhosale, J.)

Order - Status 6: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5139 OF 2005 --------------------------------------------------------- Office notes, office : Memoranda of Coram, : appearances, Court's : Court's or Judge's Orders orders or directions : & Registrar's orders. : . --------------------------------------------------------- Mr. P.S. Dani for the petitioners. None for the respondent. CORAM: SMT. RANJANA DESAI, J. DATED: 24TH AUGUST, 2005. P.C. :- Await service. Office to place this matter on board on 31/8/2005. Till 1/9/2005, there will be ad-interim relief in terms of prayer clause (b) of the petition. (SMT. RANJANA DESAI, J.)

Order - Status 9: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5139 OF 2005 --------------------------------------------------------- Office notes, office : Memoranda of Coram, : appearances, Court's : Court's or Judge's Orders orders or directions : & Registrar's orders. : . --------------------------------------------------------- Mr. P.S. Dani for the petitioners. None for the respondent. CORAM: SMT. RANJANA DESAI, J. DATED: 29TH SEPTEMBER, 2005. P.C. :- Await service. Office to place this matter on board on 20/10/2005. Ad-interim relief granted by this court on 8/8/2005 to continue till then. (SMT. RANJANA DESAI, J.)

Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.5139 OF 2005 Roha Education and Welfare Association : Petitioner V/s. Shri Neesar Usman Morbekar : Respondent ... Mr.P.S.Dani for the petitioner. Mr.Prakash Mahadik for the respondent. ... CORAM : S.A.BOBDE, J. DATE : JANUARY 29, 2008. P.C . The issue involved in this petition is about the pecuniary jurisdiction of the Civil Judge, Junior Division, Roha, whose jurisdiction in respect of matters is less than Rs.1,00,000/-. The learned counsel for the respondent states that the respondent hereby withdraws prayer (1) in Civil Suit no.31 of 2005. The respondent is hereby allowed to withdraw the said prayer. The amendment shall be carried out within a period of four weeks from the next date before the trial Court. In view of the above, Mr.Dani for the petitioner seeks leave to withdraw the petition. Allowed to withdraw. The trial Court shall decide the suit as expeditiously as possible. S.A. BOBDE, J.