1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3811 OF 2009 IN FIRST APPEAL NO.699 OF 2005 Shri V.M. Kandalkar & Ors. .... Applicants Vs. Shri L.P. Jagdale & Ors. .... Respondents Mr.D.B. Patil, Advocate for applicants. Mr.P.J. Thorat i/by Mr.R.A. Thorat, Advocate for respondents no.1 to6. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 18th November, 2009 P.C. 1. This Civil Application is taken out by respondents no. 1,2,4,5,6,7 and 9 to the First Appeal proceedings. These respondents have also filed cross-objections to the appeal. By the present application, they seek two reliefs, firstly to delete the name of Mr.S.N.Vanarase, the original defendant no.3 from both the First Appeal proceedings as well as the cross objections on account of his death. The second relief sought is to replace Mr.Vanarase by filling up his vacancy and appointing one Shri Gopal Dadarao Waghmare, a third party to the proceedings in his place by modifying the order dated 4th July 2005 passed in Civil Application No.1731 of 2005. The Civil Application is opposed by respondents no.1 to 6 to the Civil Application. The objection is to deleting the name of Mr.Vanarase from the cause title of the appeal proceedings and also to filling up vacancy created by death of same Vanarase. There is no objection to 2 amendment to the cause title of the cross-objections. 2. Since the present application is filed by the respondents to the First Appeal, the prayer for deleting the name of original respondent no.3 can be permitted only as regards the proceedings of the cross- objections. As regards the deletion of the name from the cause title of the First Appeal, in view of objection of the appellants who are carrier of the proceedings, the same cannot be allowed. 3. As regards filling up the vacancy caused by the death of Mr.Vanarase, once there are serious disputes as regards the constitution of the managing committee of the trust, the same cannot be permitted at the interim stage. Hence, the Civil Application is partly allowed. The name of Mr.S.M. Vanarase be deleted from the cause title of the cross-objections. (SMT.R.P. SONDURBALDOTA,J)