1 wp-9883.11.sxw lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9883 OF 2011 Shri Kashinath Rau Bhosale and anr. : Petitioners versus United Church of North India Trust Association and ors. : Respondents. Mr.S M Kamble for the Petitioners. CORAM : R M SAVANT, J. DATE : 25th November 2011 P.C. 1 The above Petition takes exception to the order dated 30/09/2011 passed by the Civil Judge, Senior Division, Ichalkaranji by which order Exhibit 104 filed by the Petitioner herein for their impleadment in Regular Civil Suit NO.15 of 2007 came to be rejected. 2 The said suit concerns the property of the Church of North India. It the case of the Petitioners that as the members of the Kolhapur Church Council and Ichalkaranji Church Council, the property in question belongs to the said churches, and therefore, they have an interest in the property of the Church of North India Trust. The said application of the Petitioners has been rejected on the ground that in the plan of merger, six churches were amalgamated and merged as a consequence of which the Church of North India came into existence. This was on 29/11/1970, and therefore, the United Church of North India Trust Association on such merger had lost its identity on 29/11/1970. 2 wp-9883.11.sxw 3 The trial Court has rejected the said Application for impleadment on the said ground. It is sought to be contend that the said merger is the subject matter of some proceedings which are pending. However, the impugned order discloses in Para 11 that this Court in some other proceedings has noted that the United Church of India Trust Association is not existence from 29/11/1970 and merely because some proceedings are pending, the Petitioners who claim to the members of the said Churches i.e. Kolhapur Church Council and Ichalkaranji Church Council cannot be allowed to be impleaded in the Regular Civil Suit No.15 of 2007. In my view, no error has been committed by the trial Court in rejecting the said Application for impleadment. In that view of the matter, no case for interference is made out. The above Petition is accordingly dismissed. [R.M.SAVANT, J]