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2025 Supreme(Bom) 686

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE N. J. JAMADAR
Shree Educational Trust – Appellant
Versus
Dombivli Shikshan Prasarak Mandal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shyam Dewani a/w. Mr. Chirag Chanani, Mr. Dashang Doshi i/b. Dewani Associates
For the Respondent:Mr. S.C. Naidu a/w. Ms. Divya Yajurved i/b. Ms. Anjali Yajurved, for Respondent No. 1.

JUDGMENT :

(N. J. JAMADAR, J.)

1. Rule. Rule made returnable forthwith. With the consent of the parties, heard finally at the stage of admission.

2. The Petitioners - defendant Nos. 1 and 4 take exception to an order dated 17th August, 2024 passed by the learned Civil Judge, Kalyan whereby the Application (Exh. 92) preferred by defendant Nos.1 to 4 to take on record and read the written statement filed by defendant Nos. 1 to 4 on 30th March, 2019 as written statement of the defendants to the amended plaint, came to be rejected.

3. Shorn of unnecessary details, background facts leading to this petition can be stated as under:-

3.1 Respondent No. 1 is a trust registered under the Maharashtra Public Trusts Act, 1950. The defendant No. 1, is also a public charitable trust. On 20th July, 2012 an agreement was executed between respondent No. 1/ plaintiff and defendant No. 1 for construction of a school on the property of the plaintiff, and operation and management of the said school i.e. Prabhakar Desai International School, Dombivali (E), (PDIS).

3.2 Disputes arose over the performance of the terms of the said agreement between the plaintiff and defendant No. 1. On 24th April, 2015 the plaint

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