JUDGMENT - ASHOK AGARWAL, J.:---Whether proceedings under section 19 of the Bombay Public Trusts Act abate on the death of a party is a short question that arises for determination in these appeals.

2. Two proceedings were instituted before the Charity Commissioner. One at the instance of trustees and other at the instance of certain interested parties for registration of certain properties as being the properties belonging to Shri Bhulingeshwar Devalaya Trust. The proceeding instituted at the instance of the trustees was numbered Enquiry Case No. 2201 of 1973 the one instituted by the interested persons was Enquiry Case No. 1140 of 1973. The present appellant and his mother Gulabbai Dattaram Pathare filed their objections contending that the properties in question were of their ownership and not of the Trust. On the 6th of October, 1979, the mother of the appellant died. On the 12th June, 1980 this fact was brought to the notice both the trustees and to the interested parties at whose instance the inquiries had been initiated. No steps were taken for impleading the other heirs of Gulabbai. On the 5th April, 1986 the appellant filed Application (Exhibit 43) in Enquiry Case No. 2201

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