Bombay High Court
Shri Praffullkumar Suresh Kuhite And ... vs The Joint Charity Commissioner, Nagpur ... on 4 October, 2023
Author: G. A. Sanap
Bench: G. A. Sanap
2023:BHC-NAG:14601
-1- 30.CAF.1031.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION (CAF) NO. 1031 OF 2023
IN
FIRST APPEAL NO. 689 OF 2022
Prafullakumar Suresh Kuhite & Ors.
Vs.
The Joint Charity Commissioner, Nagpur & Ors.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. A.P. Thakare, Advocate for Appellant Nos.1 to 6.
Ms. T.H. Udeshi, AGP for Respondent No.1.
Mr. M.R. Joharapurkar, Advocate for Respondent Nos.2, 3, 4 & 6.
CORAM : G. A. SANAP, J.
DATED : 4th OCTOBER, 2023.
Heard learned advocates for the parties.
2. This is an application for transposition of the appellant No.7 as respondent No.8 in First Appeal No.689/2022.
3. It is stated that now the appellant No.7 has changed his stand. He is the trustee of the Trust. It is submitted that, by his letter dated 7th February, 2023, he has informed his advocate that he does not want to continue his appeal. Learned advocate has withdrawn his appearance for appellant No.7.
4. It is stated that now the appellant No.7 is acting contrary to the common interest of the Trust. He is, therefore, necessary party. It is submitted that, therefore, he be transposed as respondent No.8.
-2- 30.CAF.1031.2023.odt
5. Respondent Nos.5 and 7 though served have not appeared. Learned AGP for respondent No.1 and learned advocate for respondent Nos.2, 3, 4 and 6 submit that they have no objection for granting this application.
6. Considering the facts stated in the application and more particularly the stand of the appellant No.7, it is necessary to grant the application. Therefore, the application is allowed. Appellant No.7 is allowed to be transposed as respondent No.8.
7. The order be complied within two weeks.
8. The copy of the appeal memo be provided to the learned advocate appearing for appellant No.7 now the respondent No.8.
9. The application stands disposed of, accordingly.
(G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 06/10/2023 19:04:26