Karmaveer Kakasaheb Wagh Education Society through Trustees Shri. Balasaheb D. Wagh and Ors. vs Heerabai Hansraj Surjee Trust through Trustees Shri. Pravinbhai Dwarkadas Dalal and Ors. — Bombay HC (2026) — LawSathi Research

Karmaveer Kakasaheb Wagh Education Society through Trustees Shri. Balasaheb D. Wagh and Ors. vs Heerabai Hansraj Surjee Trust through Trustees Shri. Pravinbhai Dwarkadas Dalal and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Permission granted to amend the cause title of First Appeal No.723 of 2015 to bring on record the new Trustees of the Appellant Trust per the annexed schedule, within two weeks; Respondent No.5 permitted consequential amendments in the cross Appeal; amended Appeal to be served on the Respondents; no order as to costs.

Issue for consideration

Whether the Applicants/Appellants should be permitted to amend the cause title of the First Appeal to bring on record the new Trustees of the Appellant Trust as per the schedule annexed to the Interim Application.

Court's answer

The Interim Application is allowed; the Applicants are permitted to amend the cause title of the First Appeal by bringing on record the new Trustees of the Appellant Trust.

Ratio / Principle

The Applicants shall carry out the amendment as per the schedule annexed to the Interim Application within a period of two weeks from the date of the order.

Key takeaways

Consequential amendments are permitted to be carried out by Respondent No.5 in the cross Appeal.ratio¶26
The amended First Appeal shall be served by the Applicants/Appellants on the Respondents.ratio¶27

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Civil Appellate Jurisdiction), R.I. Chagla and Advait M. Sethna, JJ., 27th March 2026: In Interim Application No.2288 of 2026 in First Appeal No.723 of 2015 (Karmaveer Kakasaheb Wagh & Ors., Applicants/Appellants v. Heerabai Hansraj Surjee Trust & Ors., Respondents), the Applicants sought leave to amend the cause title of the First Appeal to bring on record the new Trustees of the Appellant Trust. The Original Appellant No.2 died on 6th February, 2022 (Change Report No.992 of 2022), and original Appellant Nos.3 and 4 were removed from the Board (Change Report No.1419 of 2016); both changes were accepted vide Orders dated 7th September, 2023 of the Deputy Charity Commissioner. Counsel for Respondent No.5 raised no objection. The Court allowed the Interim Application, directed the amendment per the annexed schedule within two weeks, permitted Respondent No.5 to carry out consequential amendments in the cross Appeal, required service of the amended First Appeal on the Respondents, and disposed of the application with no order as to costs.

3-ia-2288-2026.doc

jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

JITENDRA SHANKAR NIJASURE

Digitally signed by JITENDRA SHANKAR NIJASURE Date: 2026.04.01 10:41:25 +0530

INTERIM APPLICATION NO.2288 OF 2026 IN

FIRST APPEAL NO.723 OF 2015

Karmaveer Kakasaheb Wagh & Ors. ...Applicants / Appellants

Versus

Heerabai Hansraj Surjee Trust & Ors. ...Respondents

Mr. Kayval Prafulla Shah for the Applicants. Mr. A.R. Patil, Addl. G.P. for Respondent – State. Rishikesh R. Soni, i/b. V.R. Kasle for Respondent No.5.

CORAM : R.I. CHAGLA AND ADVAIT M. SETHNA, JJ.

DATE : 27TH MARCH, 2026

ORDER :

By this Interim Application, the Applicants/Appellants

have sought for permission to amend the cause title of the First Appeal to bring on record the new Trustees of the Appellant Trust as per the schedule annexed to the Interim Application.

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3-ia-2288-2026.doc

The Applicants state that the Original Appellant No.2 passed away on 6th February, 2022. The change was reported to the Office of the Deputy Charity Commissioner vide Change Report No.992 of 2022 and had been accepted vide Order dated 7th September, 2023. Thereafter, the original Appellant Nos.3 and 4 were removed from the Board of Trustees and change was reported to the Office of the Deputy Charity Commissioner under Change Report No.1419 of 2016. The Change Report has been accepted vide Order dated 7th September, 2023.

The Applicants have provided the details of the new Trustees who have been added to the Board of Trustees of Appellant No.1 Trust. Further, the Applicants have referred to the Change Report No.992 of 2022 along with Order dated 7th September, 2023 by which the Trustees have been added on the Board of Trustees. This Change Report has been accepted vide Order dated 7th September, 2023.

The Applicants have accordingly sought for the amendment to the cause title of the First Appeal for adding the new Trustees of the Appellant Trust described in Paragraph 5 of the

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3-ia-2288-2026.doc

Interim Application.

Mr. Soni, the learned Counsel for the Respondent No.5 has no objection to the relief sought.

In view thereof, Interim Application is allowed. The Applicants are permitted to amend the cause title of the First Appeal by bringing on record the new Trustees of the Appellant – Trust. The Applicants shall carry out the amendment as per the schedule annexed to the Interim Application within a period of two weeks from today. The consequential amendments are permitted to be carried out by the Respondent No.5 herein in the cross Appeal.

The amended First Appeal shall be served by the Applicants / Appellants on the Respondents.

Interim Application is accordingly disposed of with no

order as to costs.

[ ADVAIT M. SETHNA, J. ] [ R.I. CHAGLA J. ]

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