JUDGMENT - 1. These appeals arise out of the original proceedings before the Deputy Charity Commissioner holding enquiry under the Bombay Public Trustee Act (hereinafter referred to as the Act) to determine whether there was a public the properties of that rust a preliminary M.V. Paranjpe learned Counsel for respondent No. 1, the these appeals under clause (15) of the Letters Patent against the judgment of learned single Judge of this Court are filed without the leave of that judge. According to him, the proceedings before the District Court under Section 72 of the Act are proceedings in the nature of an appeal from the order and decision of the Charity Commissioner and as such the First Appeal heard by a learned Single Judge of this Court is a decision of this Court while exercising appellate jurisdiction over a decision of the District Court given in the exercise of its appellate jurisdiction. This being so, the relevant provisions of the Letters Patent clause (15) will be attracted and both the present appeals filed without the leave are incompetent.

2. The facts out of which the two appeals arise may be noted very briefly, Respondent No. 2 Devidas Baliramdas Bairagi riled applic

Click Here to Read the rest of this document