Dr. Kiran Ajaykumar Agarwal, ... vs Dr. Vasant Madhavrao Peshwe, And 2 ...
2021 Latest Caselaw 12979 Bom

259.SA.471.2008.                                                                                               1/2


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 NAGPUR BENCH, NAGPUR

                                      Second Appeal No.471/2008
                Dr. Kiran Ajaykumar Agarwal Vs. Dr. Vasant Madhavrao Peshwe & Ors.
                                                WITH
                                      Second Appeal No.473/2008
                Dr. Kiran Ajaykumar Agarwal Vs. Dr. Vasant Madhavrao Peshwe & Ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                               Court's or Judge's Orders
or directions and Registrar's orders.
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                 Shri R.L. Khapre, Senior Advocate for the Appellant in both the Appeals.
                 Shri Niraj Karade, Advocate h/f Shri F.T. Mirza, Advocate for Respondent Nos.1 & 2 in
                 both the Appeals.

                 CORAM : S.M. MODAK, J.

DATE : 9th SEPTEMBER, 2021.

Heard learned Senior Advocate Shri R.L. Khapre for the appellant. He apprised me about the nature of the impugned order passed by the Court of District Judge-1, Yavatmal on 4 th December, 2008. By the said order, various interim applications filed in MJC No.21/1999 and MJC No.20/1999 were decided by way of dismissal. The said order is challenged by the present appellant. He has sought for his impleadment in proceedings before the District Court. MJC No.21/1999 and MJC No.20/1999 are arising out of the judgment passed by the Jt. Charity Commissioner, Nagpur dated 30 th January, 1999. One revision and certain appeals were dismissed.

02] According to learned Senior Advocate Shri R.L. Khapre, in this appeal, even though the order challenged was passed on interim application, this Court can very well go into the merits of those two MJCs. He relied upon the provisions of Section 103 of the Code of Civil Procedure, 1908. Learned Advocate Shri Mirza is not

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available due to some personal difficulty. He also needs to be heard.

03] In view of that, matter be kept on 16th September, 2021.

JUDGE

vijay