(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The present application is preferred by the applicants to join as party respondents in first appeal contending, inter alia, that they are the present trustees of the Surat Kadiwala Momna Kabrastan Trust. Mr.Joshi for the Charity Commissioner left the matter to the Court.
2. So far as the Opponents Nos. 2 to 14 are concerned, they have not appeared though served and for Respondent No. 15, Mr. Sanjanwala has filed his appearance.
3. In our view, the question as to whether the applicants are trustees of the trust or not may be kept open. But in any event if they are beneficiary of the trust, they are required to be impleaded as parties and no prejudice would be caused and the first appeal can be considered on its own merits.
Under the circumstances, without prejudice the rights and contention for both parties in the appeal No. 1084 of 1995, the applicants are permitted to be joined as the respondent nos. 21 to 26 at their costs. It is also observed that right and contention of both the sides in first appeal no. 1084 of 1995 shall remain open. Application is disposed of accordingly.
(JAYANT PATEL, J.) (C.L.SONI, J.) *f.kazi Top