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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

Order - Status 8: THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 250 OF 2010 OfficeNotes,Office Memoranda of Coram,appearances,Court's order or Directions and Registrar's Orders Court's or Judge's Orders Mr.A.A.Kumbhakoni i/by Mr.Mohan D. Naik for the appellant. Mr.Ajit Karawande for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 30TH MARCH, 2010 P.C.: 1. In view of the various properties involved, which are the bone of contentions between the appellant and the respondent, parties agree that they will explore the possibility of a settlement. They, therefore, seek an adjournment. S. O. for two weeks. .....

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.250 OF 2010 a/w CIVIL APPLICATION 557 OF 2010 IN FIRST APPEAL NO.250 OF 2010 Sadanand Annappa Shetty ... Appellant V/s. Susheela Shama Shetty & Ors. ... Respondents Mr.M.D. Naik for Appellant Mr.Ajit Karawande for Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: MAY 4, 2010 P.C.: Appeal admitted. CIVIL APPLICATION 557 OF 2010:- The civil application has been filed for various reliefs. After hearing the application, in my opinion, since the Court Receiver has already been appointed in the matter by the City Civil Court at the interim stage, he will continue during the pendency of the appeal. The appellant and the respondent vss may bid for being appointed as agent of the Court Receiver in respect of the Bharat Coffee House. The Court Receiver shall appoint the highest bidder amongst the appellant and the Respondents as agent to run the hotel on the usual terms and conditions. The agency agreement will be executed by the highest bidder within eight weeks after the bidding is completed. Civil application is disposed of accordingly.

Order - Status 12: Digitally signed by VARSHA DEEPAK GAIKWAD Date: 2024.04.12 10:03:53 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 250 OF 2010 WITH INTERIM APPLICATION NO. 1748 OF 2022 WITH INTERIM APPLICATION NO. 13121 OF 2023 Sudanand Annappa Shetty Appellant V/s. Susheela Shama Shetty-Deceased Usha Bharat Shetty … Respondent WITH INTERIM APPLICATION NO. 10471 OF 2022 IN FIRST APPEAL NO. 250 OF 2010 Sudanand Annappa Shetty ... Appellant V/s. Usha Bharat Shetty … Respondent WITH CIVIL APPLICATION NO. 577 OF 2013 IN FIRST APPEAL NO. 250 OF 2010 Susheela Shama Shetty-Deceased Usha Bharat Shetty ... Appellant V/s. Sudanand Annappa Shetty … Respondent WITH CIVIL APPLICATION NO. 3575 OF 2017 WITH CIVIL APPLICATION NO. 847 OF 2011 IN FIRST APPEAL NO. 250 OF 2010 Usha Bharat Shetty Appellant V/s. Sudanand Annappa Shetty … Respondent WITH WRIT PETITION NO. 984 OF 2013 WITH INTERIM APPLICATION (ST) NO. 12567 OF 2023 ------------------- Sudanand Annappa Shetty … Respondent V/s. Usha Bharat Shetty Appellant Ms. Sonal Dabholkar, for the appellant. Mr. Ajit Karawande, for the respondent. Mrs. S.S. Chipkar, Master (Adm) office of the Court Receiver. CORAM : KISHORE C. SANT, J. DATE : 10TH APRIL 2024. PC: The amendment as per earlier order dated 5th August 2022 is still not carried out in Civil Application No. 847 of 2011, Civil Application No. 1748 of 2022 and Civil Application No. 2263 of 2019 in First Appeal No. 250 of 2010. Learned advocate for the 64-FA-250-2010.doc varsha 2 of 3 appellant/applicant is directed to carry out necessary amendments within two weeks from today. Learned advocate for the appellant/applicant to also carry out necessary amendments in Civil Application No. 3575 of 2017, Civil Application No. 577 of 20190 and in Writ Petition No. 984 of 2013, if necessary, within two weeks from today. Stand over to 24th April 2024. The appellant to execute draft copy of agency agreement before the Court Receiver and to clear the outstanding as of today. (KISHORE C. SANT, J)

Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 250 OF 2010 WITH INTERIM APPLICATION NO. 1748 OF 2022 WITH INTERIM APPLICATION NO. 13121 OF 2023 Sudanand Annappa Shetty ... Appellant V/s. VARSHA DEEPAK GAIKWAD Digitally signed by VARSHA DEEPAK GAIKWAD Date: 2024.04.25 10:21:23 +0530 Susheela Shama Shetty-Deceased Usha Bharat Shetty … Respondent WITH INTERIM APPLICATION NO. 10471 OF 2022 IN FIRST APPEAL NO. 250 OF 2010 Sudanand Annappa Shetty ... Appellant V/s. Usha Bharat Shetty … Respondent WITH CIVIL APPLICATION NO. 577 OF 2013 IN FIRST APPEAL NO. 250 OF 2010 Susheela Shama Shetty-Deceased Usha Bharat Shetty ... Appellant V/s. Sudanand Annappa Shetty … Respondent WITH CIVIL APPLICATION NO. 3575 OF 2017 WITH CIVIL APPLICATION NO. 847 OF 2011 IN FIRST APPEAL NO. 250 OF 2010 Usha Bharat Shetty Appellant V/s. Sudanand Annappa Shetty … Respondent WITH WRIT PETITION NO. 984 OF 2013 WITH INTERIM APPLICATION (ST) NO. 12567 OF 2023 ------------------- Sudanand Annappa Shetty … Respondent V/s. Usha Bharat Shetty Appellant Mr. Rajesh Kachare i/by Ms. Sonal Dabholkar, for the appellants. Mr. Ajit Karawande, for the respondent. Mrs. Charushila Vaidya, 2nd Assistant to Court Receiver. CORAM : KISHORE C. SANT, J. DATE : 24TH APRIL 2024. PC: INTERIM APPLICATION NO. 10471 OF 2022 IN FIRST APPEAL NO. 250 OF 2010. This application is taken praying for stay to the execution, operation and implementation of order / decision of the Court Receiver OSD dated 7.5.2022 for taking possession of the suit premises. This Court has heard the parties. Let the Court Receiver execute an agreement with respondent no. 1a i.e. Sachin Shetty in the format prepared by the Court Receiver on or before 2nd May 2024. Parties are at liberty to agitate all the contentions at the stage of final hearing of the appeal including charges to be paid to the Court Receiver, if any. Needless to say that the appellant to clear all the arrears till April 2024 as per the Court Receiver's Report. It is further clarified that if penalty is there then the appellant to pay the penalty of Rs. 53,000/ tentatively as per the Court Receiver's Report. Court Receiver to give the exact calculations before the two days of execution of agreement. Appellant is at liberty in case required to change the electrification and colouring of the premises. (KISHORE C. SANT, J)

Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 250 OF 2010 WITH INTERIM APPLICATION NO. 1748 OF 2022 WITH INTERIM APPLICATION NO. 13121 OF 2023 Sudanand Annappa Shetty ... Appellant V/s. Susheela Shama Shetty-Deceased Usha Bharat Shetty … Respondent WITH INTERIM APPLICATION NO. 10471 OF 2022 IN FIRST APPEAL NO. 250 OF 2010 Sudanand Annappa Shetty ... Appellant V/s. Usha Bharat Shetty … Respondent WITH CIVIL APPLICATION NO. 577 OF 2013 IN FIRST APPEAL NO. 250 OF 2010 Susheela Shama Shetty-Deceased Usha Bharat Shetty ... Appellant V/s. Sudanand Annappa Shetty … Respondent WITH CIVIL APPLICATION NO. 3575 OF 2017 WITH CIVIL APPLICATION NO. 847 OF 2011 IN FIRST APPEAL NO. 250 OF 2010 Usha Bharat Shetty Appellant V/s. Sudanand Annappa Shetty … Respondent WITH WRIT PETITION NO. 984 OF 2013 WITH INTERIM APPLICATION (ST) NO. 12567 OF 2023 ------------------- Sudanand Annappa Shetty … Respondent V/s. Usha Bharat Shetty Appellant Mr. Rajesh Kachare i/by Ms. Sonal Dabholkar, for the appellants. Mr. Ajit Karawande, for the respondent. Mrs. Charushila Vaidya, 2nd Assistant to Court Receiver. CORAM : KISHORE C. SANT, J. DATE : 24TH APRIL 2024. PC: INTERIM APPLICATION NO. 10471 OF 2022 IN FIRST APPEAL NO. 250 OF 2010. This application is taken praying for stay to the execution, operation and implementation of order / decision of the Court Receiver OSD dated 7.5.2022 for taking possession of the suit premises. This Court has heard the parties. Let the Court Receiver execute an agreement with Appellant no. 1a i.e. Sachin Shetty in the format prepared by the Court Receiver on or before 2nd May 2024. Parties are at liberty to agitate all the contentions at the stage of final hearing of the appeal including charges to be paid to the Court Receiver, if any. Needless to say that the appellant to clear all the arrears till April 2024 as per the Court Receiver's Report. It is further clarified that if penalty is there then the appellant to pay the penalty of Rs. 53,000/ tentatively as per the Court Receiver's Report. Court Receiver to give the exact calculations before the two days of execution of agreement. Appellant is at liberty in case required to change the electrification and colouring of the premises. (KISHORE C. SANT, J)

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.250 OF 2010 WITH INTERIM APPLICATION NO.1748 OF 2022 WITH INTERIM APPLICATION NO.13121 OF 2023 Sudanand Annappa Shetty : Appellant Vs. Susheela Shama Shetty-Deceased Usha Bharat Shetty : Respondent WITH INTERIM APPLICATION NO.10471 of 2022 IN FIRST APPEAL NO.250 OF 2010 Sudanand Annappa Shetty : Appellant Vs. Usha Bharat Shetty : Respondent WITH INTERIM APPLICATION NO.577 OF 2013 IN FIRST APPEAL NO.250 OF 2010 Shusheela Shama Shetty-Deceased Usha Bharat Shetty : Appellant Vs. Sudanand Annappa Shetty : Respondent WITH CIVIL APPLICATION NO.3575 OF 2017 WITH CIVIL APPLICATION NO.847 OF 2011 IN FIRST APPEAL NO.250 OF 2010 Usha Bharat Shetty : Appellant Vs. Sudanand Annappa Shetty : Respondent WITH WRIT PETITION NO.984 OF 2013 WITH INTERIM APPLICATION (ST) NO.12567 OF 2023 Usha Bharat Shetty : Appellant Vs. Sudanand Annappa Shetty : Respondent Adv. Sonal Dabholkar, for the Appellants. CORAM : KISHORE C. SANT, J. DATE : 26TH APRIL, 2024 P.C. : The praecipe is moved for speaking to the minutes of the order dated 24th April, 2024. It is submitted that in paragraph No.4, 2nd line the word "Respondent No.1a" be substituted by the word "Appellant No.1a". The order dated 24th April, 2024 stands corrected accordingly & fresh order be uploaded. (KISHORE C. SANT, J.)

Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.250 OF 2010. Sadanand Annappa Shetty ...Appellant. Versus Susheela Shama Shetty - Deceased-Usha Bharat Shetty ...Respondent. —————— Mr. Rajesh Kachare i/b Ms. Sonal Dabholkar for the appellant. Mr. Manoj Patil, ASO, Court Receiver, High Court Bombay. Coram : Sharmila U. Deshmukh, J. Date : 1st July, 2024. —————— P. C. : 1. Learned counsel for the appellant tenders an undertaking of the appellant pursuant to the agency agreement which was executed with the Office of the Court Receiver. The same is taken on record. 2. At the request of learned counsel for the appellant, to be listed on the final hearing board of 25th July, 2024 under the caption "Supreme Court Expedited Matters". 3. Parties to ensure that private paper book is filed before the next date. [Sharmila U. Deshmukh, J.]

Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 250 OF 2010 Sadanand Annappa Shetty ....APPELLANT V/S Susheela Shama Shetty -deceased- Usha Bharat Shetty ....RESPONDENT WITH INTERIM APPLICATION NO. 1748 OF 2022 In First Appeal 250 OF 2010 Sadanand Annappa Shetty ....PETITIONER V/S Susheela Shama Shetty (deceased) Through Lrs. Smt. Usha Bharat Shetty ....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 847 OF 2011 In First Appeal 250 OF 2010 Usha Bharat Shetty ....APPLICANT V/S Sadanand Annappa Shetty ....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 3575 OF 2017 In First Appeal 250 OF 2010 Miss. Usha Bharat Shetty ....APPLICANT V/S Shri. Sadanand Annapa Shetty ....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 577 OF 2013 In First Appeal 250 OF 2010 Susheela Shama Shetty -deceased- Usha Bharat Shetty ....APPLICANT V/S Sadanand Annappa Shetty ....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 2263 OF 2019 In First Appeal 250 OF 2010 Miss. Usha Bharat Shetty W/o. Bharat Shetty ....APPLICANT V/S Shri. Sadanand Annapa Shetty Lrs.(brother In Law) Under The Will Of Shama S.shetty-dead And Anr. ....RESPONDENT WITH INTERIM APPLICATION NO. 10471 OF 2022 In First Appeal 250 OF 2010 Shri. Sadanand Annappa Shetty ....PETITIONER V/S Smt. Usha Bharat Shetty ....RESPONDENT Mr Rajesh Kachare, for Appellant Mr Girish Karwande i/b Ajit S Karwande, Adv for Respondent CORAM : HON'BLE JUSTICE SHARMILA U. DESHMUKH J DATE : 25th July, 2024 P.C. : S. O. to 08/08/2024 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 22: 204fa250-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 250 OF 2010 ————— Sadanand Annappa Shetty ... Appellant. Versus Susheela Shama Shetty - Deceased- Usha Bharat Shetty ... Respondent. Mr. Rajesh Kachare i/by Ms.Sonal Dabholkar for the Appellant. Mr. S.B. Shenoy i/by Mr. Ajit S. Karwande, for the Respondent. Ms. S.S. Chipkar, Master (Admn), Court Receiver Office. ————— Coram : Sharmila U. Deshmukh, J. Date : August 08, 2024 P. C. : 1. Learned counsel for the Appellant tenders a compilation of documents. The same is taken on record. Mr.Shenoy, learned Advocate appears and submits that the Advocate for the Respondent has suffered a fracture and is unable to attend the Court. 2. List the Appeal on 29th August, 2024. [Sharmila U. Deshmukh, J.]

Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.250 OF 2010. —————— —————— Sadanand Annappa Shetty ...Appellant. Versus Susheela Shama Shetty-deceased -Usha Bharat ...Respondent. Mr. Rajesh Kachare for the Appellant. None for the respondent. Ms. Charushila Vaidya, 2nd Assistant to Court Receiver. Coram : Sharmila U. Deshmukh, J. Date : 29th August, 2024. P. C. : 1. Learned counsel for the Appellant submits that there is Testamentary Suit No.41/2003 as well as connected Probate Petition which is pending for consideration. He would further submit that proceedings in the present First Appeal arise out of decree passed in Suit No.7334/1990 which was filed for a declaration that the consent decree passed in S. C. Suit No.4107/1985 is null and void and consequently not executable. He submits that the said Suit was on the basis that subsequently Will has been executed which renders the Consent Terms null and void. He therefore submits that unless probate proceedings are decided, the First Appeal may not be taken up for hearing. He would further point out that the Apex Court was not informed of the pending proceedings and the Apex Court has directed the Appeal to be decided expeditiously. 2. Learned counsel for the Appellant submits that in view thereof present appeal cannot be taken up for final hearing. 3. In light of the above, list Interim Applications taken out in the First Appeal on 25th September 2024. [Sharmila U. Deshmukh, J.]

Order - Status 26: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 250 OF 2010 —————— Sadanand Annappa Shettey Since deceased Thr. L.Rs. ...Appellant. Versus Smt. Sushila Shama Shetty Deleted since deceased and Others. ...Respondents. Mr. Rajesh Kachare i/b Sonal Dabholkar for the Appellant. S. B. Shenoy and A. S. Karwande for the Respondent. Ms. Charushila Vaidya, 2nd Assistant to Court Receiver. —————— Coram : Sharmila U. Deshmukh, J. Date : September 25, 2024. P. C. : 1. List the First Appeal on final hearing board of 17th October 2024 . [Sharmila U. Deshmukh, J.]

Order - Status 29: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 250 OF 2010. Sadanand Annappa Shetty Since Deceased Thr Lrs. ...Appellant. Versus —————— Susheela Shama Shetty Deleted since deceased & Ors. ...Respondent. Mr. Rajesh Kachare i/b Sonal Dabholkar for the Appellant. None for the Respondent. Mr. Manoj S. Patil, Assistant Section Officer, Court Receiver Office High Court of Bombay. —————— Coram : Sharmila U. Deshmukh, J. Date : October 17, 2024. P. C. : 1. Learned Counsel appearing for the Appellant submits that the present Appeal arises out of the dismissal of the suit which was filed by the Appellant for declaration that the consent decree has became inexecutable by reason of the Will executed by Shama Shetty in favour of the present Appellant. He further submits that the proceedings seeking Letters of Administration with Will annexed being Testamentary Petition No. 1092 of 2009, which is converted into Testamentary Suit No. 32 of 2015, is pending adjudication as also the probate of Will of Sushila who is the wife of Shama Shetty being Testamentary Petition No. 708 of 2002 converted it Testamentary Suit No. 41 of 2003, is pending adjudication. He submits that as the cause of action for filing of the suit was based on the execution of the Will in favour of the Appellant, the outcome of the Testamentary proceedings will have an impact of present proceedings. 2. In view of the above, remove from the Final Hearing Board. [Sharmila U. Deshmukh, J.]

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7148 OF 2019 Bhagirathi Trans Corp. Pvt. Ltd. ....Petitioner V/S The State Of Maharashtra Thru The Secretary, Industries, Energy And Labour Dept. And Ors ....Respondent CORAM : RANJIT MORE. & SMT. BHARATI DANGRE, JJ DATE : 5th July, 2019 P.C. : Due to paucity of time the matter is adjourned to as per CMIS date. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7148 OF 2019 Bhagirathi Trans Corp. Pvt. Ltd. ....Petitioner V/S The State Of Maharashtra Thru The Secretary, Industries, Energy And Labour Dept. And Ors ....Respondent Akshay J. Kandarkar For Petitioner Ms.M.S.Shrivastav - AGP for the State. CORAM : RANJIT MORE. & SMT. BHARATI DANGRE, JJ DATE : 1st August, 2019 P.C. : Mentioned out of turn. At the request of learned advocate for the petitioners, Stand over to 08/08/2019 on Supplementary Board. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7148 OF 2019 Bhagirathi Trans Corp. Pvt. Ltd. ....Petitioner V/S The State Of Maharashtra Thru The Secretary, Industries, Energy And Labour Dept. And Ors ....Respondent Mr.Akshay J. Kandarkar for Petitioner Mrs.M.P.Thakur - AGP for the State. CORAM : RANJIT MORE. & SMT. BHARATI DANGRE, JJ DATE : 8th August, 2019 P.C. : At the request of learned advocate for the petitioner, Stand over to 14/08/2019. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7148 OF 2019 Bhagirathi Trans Corp. Pvt. Ltd. ....Petitioner V/S The State Of Maharashtra Thru The Secretary, Industries, Energy And Labour Dept. And Ors ....Respondent Mr.K.S.Bapat i/by.Akshay J. Kandarkar For Petitioner Mrs.R.M.Shinde=-AGP for the State. Ms.Swati Sagvekar for R.No.4. Ms.Neha Pawar i/by.Patil Kishor Shrirang for Resp No. 5 CORAM : RANJIT MORE. & N. J. JAMADAR, JJ DATE : 29th August, 2019 P.C. : Stand over to 06/09/2019 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 13: 1-WP7148-19.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7148 OF 2019 Bhagirath Trans Corpo Pvt. Ltd. Petitioner Versus The State of Maharashtra & ors. …Respondents Mr. Kiran Bapat, I/b Mr. Akshay Kandarkar, for the petitioner. Mrs. R. M. Shinde, AGP for the State/Respondent. Ms. Swati H. Sagvekar, for Respondent no.4. CORAM: RANJIT MORE & N. J. JAMADAR, JJ DATED: 6 th SEPTEMBER, 2019 PC: 1. Not before the Bench, of which Shri. N. J. Jamadar, J, is a member. [N. J. JAMADAR, J.] [RANJIT MORE, J.]

Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7148 OF 2019 Bhagirathi Trans Corp. Pvt. Ltd. ....Petitioner V/S The State Of Maharashtra Thru The Secretary, Industries, Energy And Labour Dept. And Ors ....Respondent Kiran Bapat i/by Akshay J. Kandarkar For Petitioner V. S. Gokhale, B Panel Counsel for State/Resp No 1 To 3. Swati H. Sagvekar for Resp No. 4. Kishor Shrirang Patil for Resp No. 5. CORAM : A.A. SAYED & PRAKASH D. NAIK, JJ DATE : 18th September, 2019 P.C. : At the request of learned advocate for the petitioners / respondent / applicant , Stand over to 04/10/2019 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7148 OF 2019 Bhagirathi Trans Corp. Pvt. Ltd. ....Petitioner V/S The State Of Maharashtra Thru The Secretary, Industries, Energy And Labour Dept. And Ors ....Respondent Mr. Kiran Bapat i/by Mr.Akshay J. Kandarkar For Petitioner. Mr.V. S. Gokhale B Panel counsel for State/Respondent No 1 To 3 . Ms. Swati H. Sagvekar for Respondent No. 4. Ms. Neha Pawar i/by Kishor Patil for Respondent No. 5. CORAM : A.A. SAYED & PRAKASH D. NAIK, JJ DATE : 14th October, 2019 C . P.C. : Stand over to 16/10/2019 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 19: CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7148 OF 2019 ... Bhagirathi Trans Corp. Pvt. Ltd. ....Petitioner V/S State of Maharashtra & Ors. ....Respondents Mr. Kiran Bapat i/b Mr. Akshay Kadarkar for the Petitioner. Mr. V.S. Gokhale, 'B' Panel Counsel for the Respondent Nos.1 to 3/State. Ms. Swati Sagvekar for Respondent No.4. Mr. Kishor Patil for Respondent No.5. ... … CORAM : A.A. SAYED & PRAKASH D. NAIK, JJ. DATE : 16 OCTOBER 2019. ORDER: 1 Without prejudice to the rights and contentions of the parties we deem it appropriate to direct the parties to appear before the Respondent No.1 Secretary or any Officer not below the rank of the Deputy Secretary, Industries, Energy and Labour Department, Mumbai, nominated by the Respondent No.1 Secretary, to hear the parties and take appropriate decision in respect of the issue raised in the Petition and in particular whether entry 6 or entry 11 of the Schedule of the Minimum Wages Act, 1948 would be applicable in the present case. The said decision shall be taken independently without being influenced by the earlier opinions, after hearing the Petitioner as also the Respondent No.4 Corporation and Respondent No.5 Union. The parties to appear before the Respondent No.1 1/2 the Secretary or the nominated Officer on 11 November 2019 at 11 a.m. Let the decision be taken on or before 31 January 2020. 2 List the Petition under the caption 'for directions' on 5 February 2020. Until the decision is taken by the Respondent No.1 Secretary or the nominated Officer, no coercive steps shall be taken against the Petitioner. (PRAKASH D. NAIK, J.) (A.A. SAYED, J.) katkam

Order - Status 6: Vidya Amin FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4020 OF 2014 IN F.A. NO. 9273 OF 2014 WITH CIVIL APPLICATION NO. 4021 OF 2014 IN F.A. NO. 9273 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Sanjay Krishnan i/b. Mrs. H.M. Rane, Advocate for the appellant/applicant. CORAM: MRS.MRIDULA BHATKAR, J. 18th December, 2014. DATED: P.C. Not on board. Upon mentioning, taken on board. 2. The learned counsel for the appellant/insurance company submitted that the insurance company is apprehending the execution and hence prays that the judgment and award dated 29th August, 2013 passed by the Member, Motor Accident Claims Tribunal, Pune in M.A.C.P No. 1284 of 2008 be stayed. In view of this submissions of learned counsel for the appellant, the appellant/insurance company is directed to deposit the entire amount of the award along with interest accrued thereon till 29th January, 2015. Till then, the impugned judgment and award is stayed. Issue notice the respondents in both the Civil Applications, returnable on 29th January, 2015. (MRS.MRIDULA BHATKAR, J.)

Order - Status 8: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4020 OF 2014 WITH CIVIL APPLICATION NO. 4021 OF 2014 IN FIRST APPEAL STAMP NO. 9273 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's Judge's orders None present. CORAM: R. M. JOSHI [REGISTRAR JUDL.­II] Date : 29th January, 2015. Await service for 6 weeks. sd/­ Registrar (Judl.­II) DSM – RJ­(II) ­29.01.2015

Order - Status 10: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4020 OF 2014 WITH CIVIL APPLICATION NO.4021 OF 2014 IN FIRST APPEAL ST. NO.9273 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : R.M. JOSHI, REGISTRAR (JUDL ­ II) Date : 12th March, 2015 S.O. to 4 weeks to take steps for unserved R.No.5. sd/­ Registrar (Judl.­ II) dsm – R(J­II) – 12.03.15

Order - Status 11: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4020 OF 2014 WITH CIVIL APPLICATION NO.4021 OF 2014 IN FIRST APPEAL ST. NO.9273 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : R.M. JOSHI, REGISTRAR (JUDL ­ II) Date : 09th April, 2015 S.O. to 4 weeks to take steps as against unserved Respondent No.5. sd/­ Registrar (Judl.­ II) dsm – R(J­II) – 09.04.15

Order - Status 12: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4020 OF 2014 WITH CIVIL APPLICATION NO.4021 OF 2014 IN FIRST APPEAL ST. NO.9273 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : R.M. JOSHI, REGISTRAR (JUDL ­ II) Date : 07th May, 2015 In view of forthcoming summer vacation, 6 weeks time is granted for taking steps as against unserved Respondent No.5, failing which Civil Applications shall stand dismissed as against Respondent No.5. sd/­ Registrar (Judl.­ II) dsm – R(J­II) – 07.05.15

Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 4020 OF 2014 In FIRST APPEAL STAMP NO. 9273 OF 2014 National Insurance Co. Ltd. ....Applicant V/S Smt. Shardadevi Hanumansingh Prjpurohit And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 4021 OF 2014 In FIRST APPEAL LODGING NO . 9273 OF 2014 National Insurance Co. Ltd. ....Applicant V/S Smt. Shardadevi Hanumansingh Prjpurohit And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 1288 OF 2016 In FIRST APPEAL LODGING NO . 9273 OF 2014 Smt. Shardadevi Hanumansingh Rajpurohit And Ors. ....Applicant V/S National Insurance Co. Ltd. Through Its Mumbai Regional Office Ii ....Respondent Mr Sanjay Krishnan Adv i/b. Harshada Manohar Rane For Applicant Yuvraj P Narvankar For Respondent No. 1 To 3 CORAM : SMT. DR. SHALINI PHANSALKAR-JOSHI, J DATE : 13th October, 2016 P.C. : At the request of learned advocate for the respondent , Stand over to 17/11/2016. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 4020 OF 2014 In FIRST APPEAL STAMP NO. 9273 OF 2014 National Insurance Co. Ltd. ....Applicant V/S Smt. Shardadevi Hanumansingh Prjpurohit And Ors. ....Respondent CORAM : G. S. KULKARNI, J DATE : 21st December, 2016 P.C. : Due to paucity of time the matter is adjourned. Ad-interim relief if any to continue till then. Stand over to 24/01/2017 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 4020 OF 2014 In FIRST APPEAL STAMP NO. 9273 OF 2014 National Insurance Co. Ltd. ....Applicant V/S Smt. Shardadevi Hanumansingh Prjpurohit And Ors. ....Respondent CORAM : G.S. PATEL, J DATE : 18th July, 2017 P.C. : Due to paucity of time the matter is adjourned for hearing. Ad-interim relief if any to continue till then. Stand over to 9/8/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 4020 OF 2014 In FIRST APPEAL STAMP NO. 9273 OF 2014 National Insurance Co. Ltd. ....Applicant V/S Smt. Shardadevi Hanumansingh Prjpurohit And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 4021 OF 2014 In FIRST APPEAL LODGING NO . 9273 OF 2014 National Insurance Co. Ltd. ....Applicant V/S Smt. Shardadevi Hanumansingh Prjpurohit And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 1288 OF 2016 In FIRST APPEAL LODGING NO . 9273 OF 2014 Smt. Shardadevi Hanumansingh Rajpurohit And Ors. ....Applicant V/S National Insurance Co. Ltd. Through Its Mumbai Regional Office Ii ....Respondent NONE For Applicant Yuvraj P Narvankar For Respondent No. 1 To 3 V.p. Filed In First Appeal Stamp. For Respondent CORAM : G.S. PATEL, J DATE : 25th July, 2017 P.C. : Stand over to 01/08/2017 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1288 OF 2016 IN FIRST APPEAL (ST.) NO. 9273 OF 2014 Smt.Shardadevi Hanumansingh Rajpurohit & Ors. ...Applicants IN THE MATTER BETWEEN National Insurance Co. Ltd. ...Appellant Versus Smt.Shardadevi Hanumansingh Rajpurohit & Ors. ...Respondents WITH CIVIL APPLICATION NO. 4020 OF 2014 WITH CIVIL APPLICATION NO. 4021 OF 2014 IN FIRST APPEAL (ST.) NO. 9273 OF 2014 National Insurance Co. Ltd. ...Applicant Versus Smt.Shardadevi Hanumansingh Rajpurohit & Ors. ...Respondents …... Mr. Vasant R. Kadam h/f. Mr. Yuvraj P. Narvankar for Respondent Nos. 1 to 3 in CAF Nos. 4020 and 4021 of 2014 and the applicants in CAF No. 1288 of 2016. …... CORAM: MRS.MRIDULA BHATKAR, J. DATED: AUGUST 31, 2017 P.C. : Learned counsel for the appellant to remain present on the next date. Stand over to 06.09.2017. (MRIDULA BHATKAR, J.)