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2024 Supreme(SC) 379

A. S. BOPANNA, SANJAY KUMAR
Shri Mallikarjun Devasthan, Shelgi – Appellant
Versus
Subhash Mallikarjun Birajdar – Respondent


Advocates appeared:
For the Parties : Mr. Shyam Divan, Sr. Adv. M/S. Dr. R.R. Deshpande And Associates, AOR Mr. Abhay Anil Anturkar, Adv. Mr. Nitin Habib, Adv. Mr. Dhruv Tank, Adv. Mr. Aniruddha Awalgaonkar, Adv. Mr. Bhagwant Deshpande, Adv. Ms. Devyani Bhatt, Adv. Mr. Sudhanshu S. Choudhari, Sr. Adv. Mr. A. Selvin Raja, AOR

JUDGMENT :

SANJAY KUMAR, J

1. Leave granted.

2. Acceptance of Change Reports in relation to the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, Shelgi, a Public Trust, is in issue. A learned Judge of the High Court of Judicature at Bombay invalidated such acceptance and remanded the matters to the Deputy Charity Commissioner, Solapur Region, Solapur, for consideration afresh. Hence, these appeals.

3. Though, no interim orders were passed by this Court, we are informed that the orders of remand have not been acted upon owing to the pendency of these cases. Further, in terms of the High Court’s directions, the Vahiwatdar and the Trustees, whose names were already entered in the records, are continuing to administer the Trust as on date.

4. Facts, to the extent relevant, played out thus: By application dated 26.05.1952, Mallikarjun Mahalingappa Patil applied for registration of Shri Mallikarjun Devasthan, Shelgi, as a Public Trust, under Section 18 of the Bombay Public Trusts Act, 1950, now known as Maharashtra Public Trusts Act, 1950 (for brevity, ‘the Act of 1950’). The object of this Trust was the upkeep and maintenance of Shri Mallikarjun Temple at Shelgi, North

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