IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2632 OF 2009 (Arising out of S.L.P. (C) No.13584 of 2008)

Jasmin R. Rubdi & Ors. ...Appellant(s)

Versus

J.D. Edwin & Ors. ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties. By the impugned order, the High Court, after taking note of the arguments  

of the counsel appearing for the parties in Miscellaneous First Appeal No. 2486/2008,  passed  interim  order  and  made  arrangement  for  management  of  the  school  by  

constituting a committee comprising seven persons. The appellants  have challenged the order of  the High Court on several  

grounds including the one that even though they were directly affected by the prayer  made for interim relief, they were neither impleaded as parties in the Miscellaneous  

First Appeal nor were given opportunity to represent their cause. After  some  arguments,  learned  counsel  for  the  parties  stated  that  the  

impugned order may be set aside so as to enable the respondents herein to implead  the appellants as parties to the Miscellaneous First Appeal pending before the High  

Court and thereafter appropriate order may be passed for management of the school.  ....2/-

- 2 -

In view of the above, the appeal is allowed, impugned order is set aside and  the  matter  is  remitted  to  the  High  Court  for  passing  fresh  interim  order  for  

management of the school.  The High Court should, on a prayer made in this regard  by the respondents herein, order for impleadment of the appellants herein as parties  

to the Miscellaneous First Appeal and then pass appropriate order in accordance with  law after giving opportunity of hearing to the parties.

Let the hearing of the interim matter before the High Court be expedited.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, April 17, 2009.