JUDGMENT - WAHANE B.U., J.:---The appellant-Shri Shankarrao Sakharamji Supare in this First Appeal questioned the findings recorded by the Joint Charity Commissioner, Nagpur, in its judgment and decree dated 19-5-1993 in Application No. 4 of 1992 under section 47 of the Bombay Public Trust Act, 1950.

2. Before dealing with the submissions and giving my findings, I feel it my bounden duty to note some astonishing and shocking events in this appeal. This first appeal for the first time came on the board for hearing on 14-10-1996. Shri A. P. Deshpande, Senior Counsel, appearing for the respondents Nos. 3 and 7, requested to adjourn the matter and at his request, the matter was adjourned to 23-10-1996. On 23-10-1996, again the matter was adjourned to 25-11-1996. On this day, Shri S. V. Manohar made a request on behalf of Shri A.P. Deshpande that Shri Deshpande not being well, the matter be adjourned. Ultimately, the matter was posted on 1-11-1996 and with the consent of Shri Khapre the learned Counsel for the appellant, and Shri Lala, the learned Counsel for the respondents Nos. 3 and 7, I proceeded with the matter, and it was agreed by the parties that in case Mr. Deshpande is not avai

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