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Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1430 OF 2018 IN WRIT PETITION NO. 4614 OF 2018 St. Xavier's High School & Jr. College .....Applicant IN THE MATTER BETWEEN St. Xavier's High School & Jr. College and others …..Petitioners V/s. State of Maharashtra .....Respondents through Government Pleader, Appellate Side, High Court Mumbai and others Mr. Yogesh C. Naidu a/w Mr. Anuj Desai a/w Swanand Tarde a/w Mr. Ravishekhar Pandey i/b Vis Legis Law Practice for the Applicant Mr. Venkatesh Dhond Senior Advocate a/w Mr. Darshit Jain a/w Ms. Leena Shah i/b M/s. Shah and Furia Associates for the Petitioner Mrs. M. M. Andhansare, Principal St. Xavier's High School in person present Mr. S. D. Rayrikar AGP for Respondent nos. 1 to 3 Mr. Aditya L. i/b Shubhada Khot for Respondent no. 4 CORAM : S. S. SHINDE, J. DATE : MARCH 13, 2019. P.C. The learned counsel for the Petitioner submits that affidavitinreply to the intervention application is ready and the same will be filed in the Registry on or before 1403/2019. Registry to accept the same. 2 Registry to accept additional affidavit of the Applicant in Civil Application No. 1430 of 2018. [S. S. SHINDE, J.]

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1430 OF 2018 IN WRIT PETITION NO.4614 OF 2018 St. Xavier's High School & Jr. College ...Petitioner V/s. State of Maharashtra & Ors. ....Respondents Mr. Darshit Jain a/w. Mrs. Leena Shah i/b. M/s. Shah & Furia Associates, Advocate for the Petitioner. Mr. S.H. Kankal, AGP for Respondent Nos.1 to 3. CORAM : S.S. SHINDE, J. DATE : 18th MARCH 2019 P.C. : Not on board. Upon mentioning taken on board. List as per scheduled date of 26.03.2019. Time to file affidavitinreply stands extended till 26.03.2019. ( S.S. SHINDE, J. )

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN WP NO. 1430 OF 2018 In WRIT PETITION 4614 OF 2018 St. Xavier's High School And Jr. College Parent Teachers Association Thru Its Secretary ....Applicant V/S St. Xavier's Education Trust New Bombay And Ors. ....Respondent Adv. Ravishekhar Pandey i/b Vis Legis Law Practice For Applicant Adv. Leena Shah i/b Shah & Furia for Petitioner Adv. Manisha M. Andhansare, Principle St. Xavier's High School in person present Adv. S. D. Rayrikar, AGP for R. No. 1 to 3 CORAM : S.S. SHINDE, J DATE : 22nd March, 2019 P.C. : Papers not received. By consent, stand over to 03/04/2019. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN WP NO. 1430 OF 2018 In WRIT PETITION 4614 OF 2018 St. Xavier's High School And Jr. College Parent Teachers Association Thru Its Secretary ....Applicant V/S St. Xavier's Education Trust New Bombay And ....Respondent Ors. CORAM : S.S. SHINDE, J DATE : 26th March, 2019 P.C. : Wrongly on board. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1430 OF 2018 IN WRIT PETITION NO. 4614 OF 2018 St.Xavier's High School & Junior College Parent Teachers Association Applicant IN THE MATTER BETWEEN St.Xavier's Education Trust, New Bombay & Ors. Petitioners VERSUS State of Maharashtra & Ors. Respondents Mr.Ravishekhar Pandey, i/b. Vis Legis Law Practice for the Applicant in CAW/1430/2018. Mr.Dipen Furia, i/b. M/s.Shah and Furia Associates for the Petitioners. Mr.S.D.Rayrikar, A.G.P. for the State – Respondent nos. 1 to 3. Mr.Niteen Pradhan, a/w. Ms.S.D.Khot, Mr.Aditya Lasaria for the Respondent no.4 Ms.Manisha Mohan Andhansare, Applicant in CAW/1431/2018 Present in person. CORAM : S.S. SHINDE, J. DATE : 22nd APRIL, 2019 P.C . Advocate Mr. Furia mentioned the matter on behalf of the advocate on record for the petitioners on the ground of personal difficulty and prayed for adjournment. At the request of the learned counsel appearing for the petitioners, stand over to 12th June, 2019. [S.S.SHINDE, J.]

Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1430 OF 2018 IN WRIT PETITION NO. 4614 OF 2018 St. Xavier's High School And Jr. College Parent Teachers Association …..Applicant. IN THE MATTER BETWEEN- St. Xavier's Education Trust New Bombay & Ors. …..Petitioners. Vs. State of Maharashtra & Ors. …..Respondents. WITH CIVIL APPLICATION NO. 1431 OF 2018 IN WRIT PETITION NO. 4614 OF 2018 Manisha Mohan Andhansare …..Applicant. IN THE MATTER BETWEEN- St. Xavier's Education Trust New Bombay & Ors. …..Petitioners. Vs. State of Maharashtra & Ors. …..Respondents. Mr. Gautam Ankhad a/w Ms. Anagha Mhatre a/w Mr. Swanand Tarde, Mr. Ravishankar Pandey I/by Nis Legis Law Practice for the Applicants. Mr. Venkatesh Dhond, Senior Advocate a/w Mr. Darshit Jain a/w Mrs. Leena Shah I/by M/s. Shah & Furia Associates for the Petitioner WP No. 4614 of 2018. Mr. S.L. Babar AGP, for the Respondent Nos. 1 to 3State. Mr. Nitin Pradhan a/w Ms. S.D. Khot, Aditya Lasaria for Respondent No.4. Smt. Manisha M. Andhansare present in Person. CORAM : A. S. GADKARI, J. DATE : 12th JUNE, 2019. P.C.: Not before A.S. Gadkari J. (A.S. GADKARI, J.)

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FA/ 885/2010 WITH CAF/2447/2010 IN FA/885/2010 WITH FA/886/2010 WITH CAF/2448/2010 IN FA/886/2010 WITH FA/887/2010 WITH CAF/2449/2010 IN FA/887/2010 WITH FA/888/2010 WITH CAF/2450/2010 IN FA/888/2010 WITH FA/889/2010 WITH CAF/2451/2010 IN FA/889/2010 WITH FA/890/2010 WITH CAF/2452/2010 IN FA/890/2010 WITH FA/891/2010 WITH CAF/2453/2010 IN FA/891/2010 WITH FA/892/2010 WITH CAF/2454/2010 IN FA/892/2010 WITH FA/893/2010 WITH CAF/2455/2010 IN FA/893/2010 WITH FA/894/2010 WITH CAF/2456/2010 IN FA/894/2010 WITH FA/895/2010 WITH CAF/2457/2010 IN FA/895/2010 WITH FA/896/2010 WITH CAF/2458/2010 IN FA/896/2010 WITH FA/897/2010 WITH CAF/2459/2010 IN FA/897/2010 Mr. H.S. Shreepad Murthy with Ms. Gauri K. Jadhav for the Appellant. Mr. J.J. Xavier, for the RespondentBMC. CORAM : ANOOP V. MOHTA, J. DATE : 23rd July, 2010 P.C.: 1 Interim order, already granted, on 12th July, 2010 to continue till 13th August, 2010. 2 S.O. to 13th August, 2010. (ANOOP V. MOHTA, J.)

Order - Status 9: 40 fa 885.10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 885 OF 2010 885 OF 2010 WITH 996 OF 2010 FIRST APPEAL NO. 886 OF 2010 880 UF 2010 WITH FIRST APPEAL NO. 887 OF 2010 887 OF 2010 WITH 00/ 01 2010 FIRST APPEAL NO. 888 OF 2010 888 OF 2010 WITH FIRST APPEAL NO. 889 OF 2010 889 OF 2010 WITH 000 OF 2010 FIRST APPEAL NO. 890 OF 2010 890 OF 2010 WITH FIRST APPEAL NO. 891 OF 2010 891 OF 2010 WITH FIRST APPEAL NO. 892 OF 2010 892 OF 2010 WITH FIRST APPEAL NO. 893 OF 2010 893 OF 2010 WITH 004 OF 2010 FIRST APPEAL NO. 894 OF 2010 894 OF 2010 WITH FIRST APPEAL NO. 895 OF 2010 895 OF 2010 WITH 000 01 2010 FIRST APPEAL NO. 896 OF 2010 896 OF 2010 WITH FIRST APPEAL NO. 897 OF 2010 897 OF 2010 Office Notes, Office Court's Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Mrs. Gauri K. Jadhav for the Appellants. Mr. Vinod Mahadik for Respondents/ BMC. CORAM : K.K.TATED,J. DATE : 07/05/2012. PC: 1 Heard the learned counsel for the parties. 2 Admit. 3 The Appellants are directed to file private paper book within one year from today. 4 Printing is dispensed with. 5 Office is directed to call R & P. 6 The learned counsel appearing on behalf of the Respondents waive service. (K.K.TATED, J.)

Order - Status 11: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.885 OF 2010 WITH FIRST APPEAL NO.886 OF 2010 WITH FIRST APPEAL NO.887 OF 2010 WITH FIRST APPEAL NO.888 OF 2010 WITH FIRST APPEAL NO.889 OF 2010 WITH FIRST APPEAL NO.890 OF 2010 WITH FIRST APPEAL NO.891 OF 2010 WITH FIRST APPEAL NO.892 OF 2010 WITH FIRST APPEAL NO.893 OF 2010 WITH FIRST APPEAL NO.894 OF 2010 WITH FIRST APPEAL NO.895 OF 2010 WITH FIRST APPEAL NO.896 OF 2010 WITH FIRST APPEAL NO.897 OF 2010 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate Gauri K. Jadhav Present for Appellant. CORAM : V.R. KACHARE REGISTRAR (JUDL – II) Date : 17th December, 2018 3 weeks time is granted to take steps as against unserved Respondent No.4 (excluding Christmas Vacation). sd/­ Registrar (Judl.­II) dsm – R(J­II) – 17.12.18

Order - Status 12: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.885 OF 2010 WITH FIRST APPEAL NO.886 OF 2010 WITH FIRST APPEAL NO.887 OF 2010 WITH FIRST APPEAL NO.888 OF 2010 WITH FIRST APPEAL NO.889 OF 2010 WITH FIRST APPEAL NO.890 OF 2010 WITH FIRST APPEAL NO.891 OF 2010 WITH FIRST APPEAL NO.892 OF 2010 WITH FIRST APPEAL NO.893 OF 2010 WITH FIRST APPEAL NO.894 OF 2010 WITH FIRST APPEAL NO.895 OF 2010 WITH FIRST APPEAL NO.896 OF 2010 WITH FIRST APPEAL NO.897 OF 2010 Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearance, Court's orders or directions and Registrar's orders Advocate Gauri K. Jadhav for Appellant Present. CORAM: V.R. KACHARE REGISTRAR (JUDL – II) Date : 16th January, 2019 3 weeks time is granted as a last chance to take steps as against unserved Respondent No.4. sd/­ Registrar (Judl.­II) avd – R(J­II) ­ 16.01.19

Order - Status 14: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.885 OF 2010 WITH FIRST APPEAL NO.886 OF 2010 WITH FIRST APPEAL NO.887 OF 2010 WITH FIRST APPEAL NO.888 OF 2010 WITH FIRST APPEAL NO.889 OF 2010 WITH FIRST APPEAL NO.890 OF 2010 WITH FIRST APPEAL NO.891 OF 2010 WITH FIRST APPEAL NO.892 OF 2010 WITH FIRST APPEAL NO.893 OF 2010 WITH FIRST APPEAL NO.894 OF 2010 WITH FIRST APPEAL NO.895 OF 2010 WITH FIRST APPEAL NO.896 OF 2010 WITH FIRST APPEAL NO.897 OF 2010 Office Notes, Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : V.R. KACHARE REGISTRAR (JUDL – II) Date : 5th March, 2019 4 weeks time is granted to take steps as against unserved Respondent No.4, failing which Appeal shall stand dismissed against unserved Respondent No.4. sd/­ Registrar (Judl.­II) avd – R(J­II) – 05.03.19

Order - Status 15: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.885 OF 2010 WITH FIRST APPEAL NO.886 OF 2010 WITH FIRST APPEAL NO.887 OF 2010 WITH FIRST APPEAL NO.888 OF 2010 WITH FIRST APPEAL NO.889 OF 2010 WITH FIRST APPEAL NO.890 OF 2010 WITH FIRST APPEAL NO.891 OF 2010 WITH FIRST APPEAL NO.892 OF 2010 WITH FIRST APPEAL NO.893 OF 2010 WITH FIRST APPEAL NO.894 OF 2010 WITH FIRST APPEAL NO.895 OF 2010 WITH FIRST APPEAL NO.896 OF 2010 WITH FIRST APPEAL NO.897 OF 2010 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : V.R. KACHARE REGISTRAR (JUDL – II) Date : 01st April, 2019 Two weeks time is extended. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 01.04.19 1

Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 885 OF 2010 Abdul Hafiz Khan ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr ....RESPONDENT WITH FIRST APPEAL NO. 886 OF 2010 Abdul Latif A.k. Khan ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr ....RESPONDENT WITH FIRST APPEAL NO. 887 OF 2010 Jamilahmed Shaha ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr....RESPONDENT WITH FIRST APPEAL NO. 895 OF 2010 Amanulla Noor Mohamad Momin ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr ....RESPONDENT WITH FIRST APPEAL NO. 892 OF 2010 Khurshid Ramjan Ansari ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr....RESPONDENT WITH FIRST APPEAL NO. 890 OF 2010 Mehboob Sayyad ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr ....RESPONDENT WITH FIRST APPEAL NO. 891 OF 2010 Tohid Ahmed Khan ....APPELLANT V/S Brihanmumbai Municipal Corporaiton And Anr....RESPONDENT WITH FIRST APPEAL NO. 894 OF 2010 Shaikl Gulmohomed Khan ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr....RESPONDENT WITH FIRST APPEAL NO. 896 OF 2010 Vishnu Babasaheb Sale ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr ....RESPONDENT WITH FIRST APPEAL NO. 889 OF 2010 S. Sunder ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr....RESPONDENT WITH FIRST APPEAL NO. 893 OF 2010 Pandurang Bhuvad ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr....RESPONDENT WITH FIRST APPEAL NO. 888 OF 2010 Naushad Chandulal Momin ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr....RESPONDENT WITH FIRST APPEAL NO. 897 OF 2010 Affak Raja Hanif Qureshi ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr ....RESPONDENT CORAM : HON'BLE JUSTICE SHARMILA U. DESHMUKH J DATE : 15th July, 2024 P.C. : Due to paucity of time, stand over to 05/08/2024. Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 885 OF 2010 Abdul Hafiz Khan ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr ....RESPONDENT WITH FIRST APPEAL NO. 889 OF 2010 S. Sunder ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr....RESPONDENT WITH FIRST APPEAL NO. 891 OF 2010 Tohid Ahmed Khan ....APPELLANT V/S Brihanmumbai Municipal Corporaiton And Anr....RESPONDENT WITH FIRST APPEAL NO. 897 OF 2010 Affak Raja Hanif Qureshi ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr ....RESPONDENT WITH FIRST APPEAL NO. 890 OF 2010 Mehboob Sayyad ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr ....RESPONDENT WITH FIRST APPEAL NO. 892 OF 2010 Khurshid Ramjan Ansari ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr....RESPONDENT WITH FIRST APPEAL NO. 894 OF 2010 Shaikl Gulmohomed Khan ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr....RESPONDENT WITH FIRST APPEAL NO. 896 OF 2010 Vishnu Babasaheb Sale ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr ....RESPONDENT WITH FIRST APPEAL NO. 895 OF 2010 Amanulla Noor Mohamad Momin ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr ....RESPONDENT WITH FIRST APPEAL NO. 886 OF 2010 Abdul Latif A.k. Khan ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr ....RESPONDENT WITH FIRST APPEAL NO. 887 OF 2010 Jamilahmed Shaha ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr....RESPONDENT WITH FIRST APPEAL NO. 893 OF 2010 Pandurang Bhuvad ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr....RESPONDENT WITH FIRST APPEAL NO. 888 OF 2010 Naushad Chandulal Momin ....APPELLANT V/S Brihanmumbai Municipal Corporation And Anr....RESPONDENT CORAM : HON'BLE JUSTICE SHARMILA U. DESHMUKH J DATE : 5th August, 2024 P.C. : Due to paucity of time, stand over to 02/09/2024. Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 5: vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.649 OF 2012 Shiban Iqbal Momin and ors .. Appellants V/s. The State of Maharashtra .. Respondent. Mr. O. A. Siddique, for the Applicants. Mr. V. S. Mhaispurkar, APP for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 27th June, 2012 P.C. Heard learned counsel for the appellants. Admit. Call for record and proceeding. (R.C.CHAVAN, J.)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. WRIT PETITION NO. 269 OF 2019 Hitendra Vadilal Shah And Anr ....Petitioner V/S The State Of Maharashtra ....Respondent CORAM : B.P. DHARMADHIKARI & REVATI MOHITE DERE, JJ DATE : 25th January, 2019 P.C. : List the matter as per CMIS date. In case any ad-interim/interim relief is operating till today, the said order will continue to operate till the next date. If ad-interim/interim relief is not granted for a limited period, the said order will remain unaffected. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 3: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 837 OF 2016 Prakash Uttamchand Desarda And Anr. ....APPELLANT V/S Shri. Nandram Dagaduram Bumb And Ors. ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 440 OF 2017 In Second Appeal STAMP NO. 21135 OF 2016 Shri. Jetu Jacques Taru Lalvani And Ors. ....APPLICANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH SECOND APPEAL STAMP NO. 21135 OF 2016 Shri. Jetu Jacques Taru Lalvani And Ors. ....APPELLANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH SECOND APPEAL NO. 139 OF 2017 Shri. Madan Kachardas Bumb And Ors. ....APPELLANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 269 OF 2017 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda And Anr. ....APPLICANT V/S Shri. Nandram Dagaduram Bumb And Ors. ....RESPONDENT WITH INTERIM APPLICATION NO. 895 OF 2024 In Second Appeal 837 OF 2016 Jetu Jecques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT WITH INTERIM APPLICATION NO. 16402 OF 2023 In Second Appeal 837 OF 2016 Jetu Jecques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT WITH INTERIM APPLICATION NO. 16400 OF 2023 In Second Appeal 837 OF 2016 Jetu Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Dasarda ....RESPONDENT WITH INTERIM APPLICATION NO. 894 OF 2024 In Second Appeal 837 OF 2016 Jetu Jacques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT Mr. R. D. Soni i.b. Ram and Company for appellant Mr. Kayur Adhvaryu i.b. Mr. Yatin R. Shah a/w Mr. Vipul Makwana for Applicant in IA No.895/24, IA 16402/23, IA 16400/23, IA 894/24, Appellant inSAST , CAS 440/17 Mr.S.S.Kanetkar for R.No.1 (CAV and VP FILED) Ms. Pranali Railkar i.b. Mr. Ajay A. Joshi for R. No. 4A to 4 E CORAM : HON'BLE JUSTICE SHARMILA U. DESHMUKH J DATE : 18th March, 2024 P.C. : At the request of learned counsel for the Appellant , stand over to 26/03/2024 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 4: 30-SA-837-2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.837 OF 2016 WITH CIVIL APPLICATION NO.269 OF 2017 IN SECOND APPEAL NO.837 OF 2016 Prakash Uttamchand Desardaand Anr. ...Appellants/ Applicants. Versus Shri. Nandram Dagaduram Bumb And Ors. ...Respondents. WITH INTERIM APPLICATION NO.16402 OF 2023 WITH INTERIM APPLICATION NO.895 OF 2024 WITH INTERIM APPLICATION NO.16400 OF 2023 WITH INTERIM APPLICATION NO.894 OF 2024 Jetu Jecques Taru Lalvani ... Applicant. Versus Prakash Uttamchand Dasarda ...Respondent. WITH SECOND APPEAL NO.139 OF 2017 Shri. Madan Kachardas Bumb And Ors. ...Appellants Versus Prakash Uttamchand Dasarda And Ors. ...Respondents. WITH Harish 1 of 2 SECOND APPEAL (ST) NO.21135 OF 2016 WITH CIVIL APPLICATION NO.440 OF 2017 IN SECOND APPEAL (ST) NO.21135 OF 2016 Jetu Jecques Taru Lalvani And Ors. ... Appellants/ Applicants Versus Prakash Uttamchand Dasarda And Ors. ...Respondents. Adv. R. D. Soni i/b Ram & Co. for the Appellant in SA/837/2016. Adv. Yash Dewal h/f S. S. Kanetkar for Respondent No. 1. Adv. Shushil A. Dhawdar for Respondent No. 5 in SA/837/2016 Adv. Yatin R. shah a/w Keyur Adhvaryu for the Applicants. Adv. Atharva A. Dandekar for the Appellant in SA/139/2017 Adv. Pranali P. Raikar i/b Ajay A Joshi for Respondent Nos. 4a to 4e n SA/139/2017. —————— —————— Coram : Sharmila U. Deshmukh, J. Date : March 26, 2024. P. C. : 1. At the request of the parties, stand over to 28th March, 2024 . 2. Registry is directed to list all the Interim Applications in the present Appeals on board. [Sharmila U. Deshmukh, J.]

Order - Status 5: 904-SA-837-2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.837 OF 2016 WITH CIVIL APPLICATION NO.269 OF 2017 IN SECOND APPEAL NO.837 OF 2016 Prakash Uttamchand Desardaand Anr. ...Appellants/ Applicants. Versus Shri. Nandram Dagaduram Bumb And Ors. ...Respondents. WITH INTERIM APPLICATION NO.16402 OF 2023 WITH INTERIM APPLICATION NO.895 OF 2024 WITH INTERIM APPLICATION NO.16400 OF 2023 WITH INTERIM APPLICATION NO.894 OF 2024 Jetu Jecques Taru Lalvani ... Applicant. Versus Prakash Uttamchand Dasarda ...Respondent. WITH SECOND APPEAL NO.139 OF 2017 Shri. Madan Kachardas Bumb And Ors. ...Appellants Versus Prakash Uttamchand Dasarda And Ors. ...Respondents. WITH Harish 1 of 2 SECOND APPEAL (ST) NO.21135 OF 2016 WITH CIVIL APPLICATION NO.440 OF 2017 IN SECOND APPEAL (ST) NO.21135 OF 2016 Jetu Jecques Taru Lalvani And Ors. ... Appellants/ Applicants Versus Prakash Uttamchand Dasarda And Ors. ...Respondents. Adv. R. D. Soni i/b Ram & Co. for the Appellant in SA/837/2016. Adv. S. S. Kanetkar for Respondent No. 1. Adv. Shushil A. Dhawdar for Respondent No. 5 in SA/837/2016. Adv. Yatin R. shah a/w Vipul Makwana & Keyur Adhvaryu for the Applicants in SA/ST/21135/2016. Adv. Atharva A. Dandekar for the Appellant in SA/139/2017 Adv. Ajay A Joshi for Respondent Nos. 4A to 4E in SA/837/2016 and for Respondent Nos. 6a to 6e in SA/139/2017. —————— —————— Coram : Sharmila U. Deshmukh, J. Date : March 28, 2024. P. C. : 1. Stand over to 12th April, 2024 . [Sharmila U. Deshmukh, J.]

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION (ST) NO.14247 OF 2023 WITH INTERIM APPLICATION (ST) NO.15675 OF 2023 WITH INTERIM APPLICATION (ST) NO.137 OF 2024 WITH INTERIM APPLICATION (ST) NO.738 OF 2024 IN SECOND APPEAL NO.837 OF 2016 Jetu Jecques Taru Lalvani ... Applicant. Versus Prakash Uttamchand Dasarda ...Respondent. Adv. R. D. Soni i/b Ram & Co. for the Appellant in SA/837/2016. Adv. S. S. Kanetkar for Respondent No. 1. Adv. Shushil A. Dhawdar for Respondent No. 5 in SA/837/2016. Adv. Yatin R. shah a/w Vipul Makwana & Keyur Adhvaryu for the Applicants in SA/ST/21135/2016. Adv. Atharva A. Dandekar for the Appellant in SA/139/2017 Adv. Ajay A Joshi for Respondent Nos. 4A to 4E in SA/837/2016 and for Respondent Nos. 6a to 6e in SA/139/2017. —————— —————— Coram : Sharmila U. Deshmukh, J. Date : March 28, 2024. P. C. : 1. Learned counsel for the Applicant submits that the interim application (st) nos.14247 of 2023, 15675 of 2023, 137 of 2024, 738 of 2024 have been erroneously fled in Second Appeal No. 837 of 2016 whereas the same should have been fled in Second Appeal (ST) 904-IA-14247-2023.doc No.21135 of 2016 and seeks permission to withdraw with liberty to fle afresh. 2. Interim applications are permitted to be withdrawn with liberty as prayed. [Sharmila U. Deshmukh, J.]

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 837 OF 2016 Prakash Uttamchand Desarda And Anr. ....APPELLANT V/S Shri. Nandram Dagaduram Bumb And Ors. ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 440 OF 2017 In Second Appeal STAMP NO. 21135 OF 2016 Shri. Jetu Jacques Taru Lalvani And Ors. ....APPLICANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH SECOND APPEAL NO. 139 OF 2017 Shri. Madan Kachardas Bumb And Ors. ....APPELLANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH INTERIM APPLICATION STAMP NO. 10370 OF 2024 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda ....PETITIONER V/S Nandram Dagaduram Bumb ....RESPONDENT WITH INTERIM APPLICATION NO. 7593 OF 2024 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda ....PETITIONER V/S Nandram Dagaduram Bumb ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 269 OF 2017 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda And Anr. ....APPLICANT V/S Shri. Nandram Dagaduram Bumb And Ors. ....RESPONDENT WITH INTERIM APPLICATION NO. 7591 OF 2024 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda ....PETITIONER V/S Nandram Dagaduram Bumb ....RESPONDENT WITH INTERIM APPLICATION NO. 16402 OF 2023 In Second Appeal 837 OF 2016 Jetu Jecques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT WITH INTERIM APPLICATION NO. 895 OF 2024 In Second Appeal 837 OF 2016 Jetu Jecques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT WITH INTERIM APPLICATION NO. 16400 OF 2023 In Second Appeal 837 OF 2016 Jetu Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Dasarda ....RESPONDENT WITH INTERIM APPLICATION NO. 894 OF 2024 In Second Appeal 837 OF 2016 Jetu Jacques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT CORAM : HON'BLE MS. JUSTICE GAURI GODSE J DATE : 19th June, 2024 P.C. : Listed for assigning date. Stand over to 22/07/2024 If any ad-interim / interim relief is operating till today, the same shall continue to operate till the next date. If ad-interim/ interim relief is granted not for a limited period, the same shall remain unaffected. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 837 OF 2016 Prakash Uttamchand Desarda And Anr. ....APPELLANT V/S Shri. Nandram Dagaduram Bumb And Ors. ....RESPONDENT WITH SECOND APPEAL STAMP NO. 21135 OF 2016 Shri. Jetu Jacques Taru Lalvani And Ors. ....APPELLANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH SECOND APPEAL NO. 139 OF 2017 Shri. Madan Kachardas Bumb And Ors. ....APPELLANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 440 OF 2017 In Second Appeal STAMP NO. 21135 OF 2016 Shri. Jetu Jacques Taru Lalvani And Ors. ....APPLICANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH INTERIM APPLICATION NO. 7593 OF 2024 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda ....PETITIONER V/S Nandram Dagaduram Bumb ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 269 OF 2017 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda And Anr. ....APPLICANT V/S Shri. Nandram Dagaduram Bumb And Ors. ....RESPONDENT WITH INTERIM APPLICATION STAMP NO. 10370 OF 2024 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda ....PETITIONER V/S Nandram Dagaduram Bumb ....RESPONDENT WITH INTERIM APPLICATION NO. 7591 OF 2024 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda ....PETITIONER V/S Nandram Dagaduram Bumb ....RESPONDENT WITH INTERIM APPLICATION NO. 16402 OF 2023 In Second Appeal 837 OF 2016 Jetu Jecques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT WITH INTERIM APPLICATION NO. 895 OF 2024 In Second Appeal 837 OF 2016 Jetu Jecques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT WITH INTERIM APPLICATION NO. 16400 OF 2023 In Second Appeal 837 OF 2016 Jetu Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Dasarda ....RESPONDENT WITH INTERIM APPLICATION NO. 894 OF 2024 In Second Appeal 837 OF 2016 Jetu Jacques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT CORAM : HON'BLE MS. JUSTICE GAURI GODSE J DATE : 22nd July, 2024 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 25/09/2024 . If any ad-interim / interim relief is operating till today, the same shall continue to operate till the next date. If ad-interim/ interim relief is granted not for a limited period, the same shall remain unaffected. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 837 OF 2016 Prakash Uttamchand Desarda And Anr. ....APPELLANT V/S Shri. Nandram Dagaduram Bumb And Ors. ....RESPONDENT WITH SECOND APPEAL STAMP NO. 21135 OF 2016 Shri. Jetu Jacques Taru Lalvani And Ors. ....APPELLANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH SECOND APPEAL NO. 139 OF 2017 Shri. Madan Kachardas Bumb And Ors. ....APPELLANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 440 OF 2017 In Second Appeal STAMP NO. 21135 OF 2016 Shri. Jetu Jacques Taru Lalvani And Ors. ....APPLICANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH INTERIM APPLICATION NO. 7593 OF 2024 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda ....PETITIONER V/S Nandram Dagaduram Bumb ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 269 OF 2017 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda And Anr. ....APPLICANT V/S Shri. Nandram Dagaduram Bumb And Ors. ....RESPONDENT WITH INTERIM APPLICATION STAMP NO. 10370 OF 2024 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda ....PETITIONER V/S Nandram Dagaduram Bumb ....RESPONDENT WITH INTERIM APPLICATION NO. 7591 OF 2024 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda ....PETITIONER V/S Nandram Dagaduram Bumb ....RESPONDENT WITH INTERIM APPLICATION NO. 16402 OF 2023 In Second Appeal 837 OF 2016 Jetu Jecques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT WITH INTERIM APPLICATION NO. 895 OF 2024 In Second Appeal 837 OF 2016 Jetu Jecques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT WITH INTERIM APPLICATION NO. 16400 OF 2023 In Second Appeal 837 OF 2016 Jetu Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Dasarda ....RESPONDENT WITH INTERIM APPLICATION NO. 894 OF 2024 In Second Appeal 837 OF 2016 Jetu Jacques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT CORAM : HON'BLE MS. JUSTICE GAURI GODSE J DATE : 25th September, 2024 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 13/12/2024 . If any ad-interim / interim relief is operating till today, the same shall continue to operate till the next date. If ad-interim/ interim relief is granted not for a limited period, the same shall remain unaffected. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 837 OF 2016 Prakash Uttamchand Desarda And Anr. ....APPELLANT V/S Shri. Nandram Dagaduram Bumb And Ors. ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 440 OF 2017 In Second Appeal STAMP NO. 21135 OF 2016 Shri. Jetu Jacques Taru Lalvani And Ors. ....APPLICANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH SECOND APPEAL STAMP NO. 21135 OF 2016 Shri. Jetu Jacques Taru Lalvani And Ors. ....APPELLANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH SECOND APPEAL NO. 139 OF 2017 Shri. Madan Kachardas Bumb And Ors. ....APPELLANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 269 OF 2017 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda And Anr. ....APPLICANT V/S Shri. Nandram Dagaduram Bumb And Ors. ....RESPONDENT WITH INTERIM APPLICATION NO. 7593 OF 2024 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda And Anr ....PETITIONER V/S Nandram Dagaduram Bumb And Ors ....RESPONDENT WITH INTERIM APPLICATION STAMP NO. 10370 OF 2024 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda And Anr ....PETITIONER V/S Nandram Dagaduram Bumb And Ors ....RESPONDENT WITH INTERIM APPLICATION NO. 7591 OF 2024 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda And Anr ....PETITIONER V/S Nandram Dagaduram Bumb And Ors ....RESPONDENT WITH INTERIM APPLICATION NO. 16402 OF 2023 In Second Appeal 837 OF 2016 Jetu Jecques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT WITH INTERIM APPLICATION NO. 895 OF 2024 In Second Appeal 837 OF 2016 Jetu Jecques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT WITH INTERIM APPLICATION NO. 16400 OF 2023 In Second Appeal 837 OF 2016 Jetu Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Dasarda ....RESPONDENT WITH INTERIM APPLICATION NO. 894 OF 2024 In Second Appeal 837 OF 2016 Jetu Jacques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT CORAM : HON'BLE MS. JUSTICE GAURI GODSE J DATE : 13th December, 2024 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time.Stand Over to 14/02/2025 If any ad-interim / interim relief is operating till today, the same shall continue to operate till the next date. If ad-interim/ interim relief is granted not for a limited period, the same shall remain unaffected. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 837 OF 2016 Prakash Uttamchand Desarda And Anr. ....APPELLANT V/S Shri. Nandram Dagaduram Bumb And Ors. ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 440 OF 2017 In Second Appeal STAMP NO. 21135 OF 2016 Shri. Jetu Jacques Taru Lalvani And Ors. ....APPLICANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH SECOND APPEAL NO. 139 OF 2017 Shri. Madan Kachardas Bumb And Ors. ....APPELLANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH SECOND APPEAL STAMP NO. 21135 OF 2016 Shri. Jetu Jacques Taru Lalvani And Ors. ....APPELLANT V/S Shri. Prakash Uttamchand Desarda And Ors. ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 269 OF 2017 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda And Anr. ....APPLICANT V/S Shri. Nandram Dagaduram Bumb And Ors. ....RESPONDENT WITH INTERIM APPLICATION NO. 7593 OF 2024 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda And Anr ....PETITIONER V/S Nandram Dagaduram Bumb And Ors ....RESPONDENT WITH INTERIM APPLICATION STAMP NO. 10370 OF 2024 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda And Anr ....PETITIONER V/S Nandram Dagaduram Bumb And Ors ....RESPONDENT WITH INTERIM APPLICATION NO. 7591 OF 2024 In Second Appeal 837 OF 2016 Prakash Uttamchand Desarda And Anr ....PETITIONER V/S Nandram Dagaduram Bumb And Ors ....RESPONDENT WITH INTERIM APPLICATION NO. 16402 OF 2023 In Second Appeal 837 OF 2016 Jetu Jecques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT WITH INTERIM APPLICATION NO. 895 OF 2024 In Second Appeal 837 OF 2016 Jetu Jecques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT WITH INTERIM APPLICATION NO. 16400 OF 2023 In Second Appeal 837 OF 2016 Jetu Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Dasarda ....RESPONDENT WITH INTERIM APPLICATION NO. 894 OF 2024 In Second Appeal 837 OF 2016 Jetu Jacques Taru Lalvani ....PETITIONER V/S Prakash Uttamchand Desarda ....RESPONDENT CORAM : HON'BLE MS. JUSTICE GAURI GODSE J DATE : 14th February, 2025 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand Over to 24/06/2025. If any ad-interim / interim relief is operating till today, the same shall continue to operate till the next date. If ad-interim/ interim relief is granted not for a limited period, the same shall remain unaffected. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CORAM : M. M. SATHAYE, J. DATED : 24TH JUNE, 2025 P.C.: Following matters mentioned in the chart could not be taken up for hearing due to paucity of time. The same shall be adjourned as per dates/category mentioned in the chart. Interim/ad-interim orders, if any existing as on today, shall continue to operate till next date. If any interim/ad-interim orders are granted until further orders, the same shall remain unaffected. Serial Nos. of matters on the Board To be listed on To be listed in the category 19 to 20 22/07/2025 Urgent Order 28 to 51 22/07/2025 For Admission 52 to 66 23/07/2025 For Admission 68 to 72 23/07/2025 For Admission 73 to 89 24/07/2025 For Admission 90 to 93 24/07/2025 For Order 94 to 118 25/07/2025 For Order (M. M. SATHAYE, J.)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 523 OF 2011 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Sagheer A. Khan i/b Judicature Law Associates for the petitioner. CORAM : D.G. KARNIK, J DATE : 8TH AUGUST 2011 P.C. : Leave to amend and substitute Exhibit-A to the revision application. After the amendment is carried out, issue notice to the respondents subject to payment of process and furnishing of copies. (D.G. KARNIK, J.)

Order - Status 25: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 523 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Hassnain Kazi i/b Judicare law Associate,Advocates for the petitioner/applicant. Mr Saeed Akhtar, Advocate for Respondent Nos 1 to 8. Mr.R.M.Momin, Advocate for Respondent no.9. CORAM: R.G.KETKAR, J. DATE : 24/01/2013 PC: Heard Mr.Jassnain Kazi, learned counsel for the petitioner, Mr Saeed Akhtar, learned counsel for respondent nos. 1 to 8 and Mr R.M.Momin, learned counsel for respondent no.9. My Saeed Akhtar invited my attention to Suit No.122 of 2009 instituted by respondent nos. 1 to 8 before the Maharashtra State Wakf Tribunal at Aurangabad. He submitted that defendant no.2- Alimuddin s/o Rukhnoddin Peerzade is not impleaded in the present proceedings. In view of this, learned counsel for the petitioner seeks leave to implead Alimuddin s/o Rukhnoddin Peerzade as respondent no.10. Amendment shall be carried out forthwith. List the petition for admission on 7.2.2012. (R.G.KETKAR, J.)

Order - Status 31: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 523 OF 2011 Fahimuddin s/o Naseemuddin Peerzade ..Applicant. Vs. Zia ul Hasan Waris Ali Peerzada & Ors. ..Respondents. Mr. Sagheer A Khan i/b Judicare Law Associates for the Applicant. Mr. Saeed Akhtar for Respondent nos.1 to 8. Mr. Mujahid Ansari h/f Mr. R.M. Momin for Respondent no.9. CORAM : K.K.TATED, J. DATED : 05/04/2013. PC : 1 Heard learned counsel for the parties. 2 By this Civil Revision Application, Applicant – original Defendant no.1 challenges the order dated 20th April, 2011 passed by the Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad below Exhibit 18 in Wakf Suit no.122 of 2009 rejecting Petitioner's Application dated 23rd November, 2009 for holding that the Tribunal has no jurisdiction to entertain and try the Suit no.122 of 2009 being barred by law and the same to be rejected. 3 A few facts of the matter are as under: On 10th January, 1975 Dargah Peer Sayyed Sadiq Shah Hussaini, Nashik City registered under the Bombay Public Trusts Act having PTR No.B184 (Nashik). Thereafter, the some interested persons filed an Application in the year 1979 for framing scheme being Application no.24 of 1979 under section 50A(1) of the Bombay Public Trusts Act, 1950. Pursuant to the order passed by the Deputy Charity Commissioner dated 21st August, 1986 a scheme for the management and administration of the said Trust was framed. As per the said scheme, the Applicant was appointed as a Trustee being first Board of Trustees. Thereafter, Trust Application no.402 of 1986 came to be filed under Section 72 of the Bombay Public Trusts Act, 1950 for setting aside the judgment and order passed in Trust Application no.24 of 1979 passed by the Deputy Charity Commissioner on 21st August, 1986 and to set aside the Scheme. The said Trust Application is pending. During the pendency of the said Application, Respondent nos.1 to 6 – original Plaintiffs filed Suit no.122 of 2009 before the Presiding Officer, Maharashtra State Wakf Tribunal at Aurangabad seeking perpetual injunction restraining Applicant – original Defendant no.1 from causing obstruction and/or 2/7 interference in the supervision and management and also from causing obstruction and/or interference in the performance of Sandal & Urs cermonies of the Wakf Institution Darga Peer Syed Saddique Hussaini situated at Old Nashik commonly known as Badi Darga. 4 In the said suit the Applicant preferred an Application dated 23rd November, 2009 (Exhibit 18) for following reliefs: "This application may kindly be allowed and as this Hon'ble Tribunal is having no jurisdiction to try and entertain the present suit being barred by law, therefore, it deserves to be rejected and oblige." 5 The said Application was rejected by the Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad by impugned order dated 20th April, 2011. Hence, present Civil Revision Application. 6 The learned counsel appearing on behalf of the Applicant submits that the learned Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad failed to appreciate that when the proceeding for setting aside the scheme is pending before the competent 3/7 authority i.e. in the Court of District Judge at Nashik in Trust Application no.402 of 1986, Presiding Officer, Maharashtra State Wakf Tribunal, Aurangabad has no jurisdiction to entertain the Suit no.122 of 2009 and restrain the Applicant from acting as trustee of the said Trust. He further states that the Apex Court in the matter of Board of Wakf, West Bengal and another vs. Anis Fatma Begum and another reported in (2010) 14 SCC 588 held that the proceedings pending before the competent authority on 1st January, 1996 will continue and in that case the provisions of the Wakf Act, 1995 will not be applicable. Para 16 of that authority reads thus: "16 In view of the above, we are of the opinion that since the matter fell under the purview of the Wakf Act, only the Wakf Tribunal has jurisdiction in the matter, and not the civil court. However, in view of the decision of this Court in Sardar Khan vs. Syed Najmul Hasan (Seth), the Wakf Act will not be applicable to suits/appeals/revisions/ proceedings commenced prior to 111996 when the Wakf Act came into force." 7 He further relied on judgment in the matter of Sardar Khan and Ors vs. Syed Najmul Hasan (Seth) and Ors. reported in AIR 2007 SC 1447, in this authority also the Apex Court taken similar view. Para 14 of that authority reads thus: "14 On a conjoint reading of subsection (5) of Section 7 and Section 85, the result would be that the Act will not be applicable to the pending suits or proceedings or appeals or revisions which have commenced prior to 1.1.1996 i.e. coming into force of the Wakf Act, 1995. Therefore, the view taken by the learned Single Judge was not correct in the case of Syed Inamul Hag Shah (supra). Hence, in view of the above discussion, we are of the view that the learned Single Judge has gone wrong in relying on the decision rendered by the Single Judge in the case of Syed Inamul Hag Shah (supra). Consequently, the impugned order passed by the learned Single Judge is set aside and the matter is remitted back to the High Court for deciding the appeal in accordance with law, expeditiously." 8 On the basis of these submissions the learned counsel appearing on behalf of the Applicant states that the Maharashtra Wakf Tribunal has no jurisdiction to entertain the Suit no.122 of 2009. 9 On the other hand, the learned counsel appearing on behalf of Respondent nos.1 to 8 vehemently opposed the present Civil Revision Application. He submits that in view of Section 112 of the Wakf Act, 1995 all provisions are applicable wherever the question arises whether the property and/or any dispute comes under the Wakf Act. He further states that the Applicant was not appointed as a Trustee according to the Scheme framed by the Deputy Charity Commissioner. He states that actually the Applicant is from female branch of Sayed Niyamatulla. On the basis of these submissions the learned counsel appearing on behalf of the Respondent nos.1 to 8 states that there is no substance in the present Civil Revision Application. 10 I have heard both the sides at length. 11 It is to be noted that in view of the facts that the challenge of the Scheme is pending before the District Court at Nashik in Trust Application no.402 of 1986 and unless and until a competent Court declares that the Applicant ceases to be trustee of the said Trust, the Tribunal has no jurisdiction to pass any restraining order from taking part in the management of the said Trust. Even considering the authority in the matter of Board of Wakf, West Bengal & Anr. (supra) and Sardar Khan and others (supra), I am of the opinion that the Applicant has made out case for admission of this Civil Revision Application and interim protection till the hearing and final disposal of the Civil Revision Application. Hence, Civil Revision Application: Admit. 12 Interim relief in terms of prayer clause (c ) which reads thus: "( c ) Pending hearing and final disposal of this Civil Revision Application, this Honorable Court be pleased to stay the proceedings of Wakf Suit no.122/2009 pending before learned Wakf Tribunal at Aurangabad." 13 The learned counsel for the Respondents waive service. (K.K.TATED, J.) katkam