IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2678 OF 2008 WITH CIVIL APPLICATION NO.2679 OF 2008 IN WRIT PETITION NO.3151 OF 2008 AND CIVIL APPLICATION NO.2680 OF 2008 WITH CIVIL APPLICATION NO.2681 OF 2008 IN WRIT PETITION NO.3123 OF 2008 Smt.Kanchanmala K.Desai ...Applicant V/s. Miss Dhan B.J.Jahina & Ors. ...Respondents ...... Mr.R.N.Sanghavi for Applicant/Petitioner in Civil Application Nos.2678/2008 & 2680/2008. Mr.A.G.Pawar for Respondent No.1/Applicant in Civil Application Nos.2679/2008 & 2681/2008. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JANUARY 20, 2009. JANUARY 20, 2009. JANUARY 20, 2009. P.C. 1. Although Civil Application Nos.2678/2008 and 2680/2008 are opposed by Respondent No.1, I see no reason to refuse the prayer clause (c) as the : 2 : limited relief claimed therein is to bring the new trustees No.2(n) to 2(r) on record so as to espouse the cause of the Trust in pending Writ Petition Nos.3151/2008 and 3123/2008. 2. Counsel for the Respondent No.1 submits that these Applications are taken out in collusion with the persons who are interested in protracting the matter. The argument is devoid of merits. Any action against the Trust can proceed only if the trustees were to be brought on record and who in turn will espouse the cause of the Trust. By these Applications, as aforesaid, the Applicant intends to bring the new trustees on record and delete the names of the old trustees from the array of the parties. There can be no difficulty in accepting this request. In fact, that is necessary before the Court proceeds with the main matter on merits. Granting of this relief does not necessarily mean that the claim of the persons to be newly added as party to the pending Writ Petitions in their capacity of new trustees on merits is accepted by this order. : 3 : 3. In the circumstances, Civil Application Nos.2678/2008 and 2680/2008 are made absolute in terms of prayer clauses (b) and (c). Amendment be carried out within one week from today, failing which, Petitions to stand dismissed for non-prosecution without further reference to the Court. 4. If amendment is carried out in time, notice be issued to the newly added Respondents, returnable on 10th February 2009. 5. In addition, Applicant to serve the Respondents by Advocate’s notice, either personally or by speed post/e-mail/fax, and file an affidavit of service before the returnable date, failing which, Petitions to stand dismissed for non-prosecution without further reference to the Court. 6. As a consequence of this order, no separate order is necessary on Civil Application Nos.2679/2008 and 2681/2008. The same are disposed of leaving the question raised on behalf of the : 4 : Applicant in the said Applications open to the effect that the lower Court has already accepted the argument of the Applicant that it is not necessary to bring on record heirs of deceased trustees. Needless to observe that the Civil Application Nos.2678/2008 and 2680/2008 are not for relief of brining legal heirs of deceased/trustees but to bring on record newly appointed trustees which is perceptibly different from the issues dealt with by the Trial Court. Accordingly, Civil Application Nos.2679/2008 and 2681/2008 stand disposed of. A.M.KHANWILKAR, J.