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2007 Supreme(Bom) 1610

B.R.GAVAI
Laxman Babanrao Mali – Appellant
Versus
Prabhakar Sambhu Chaudhari – Respondent


Advocates:
Advocate Appeared
Shri N.B.Suryawanshi, Advocate for the petitioners.
Smt.Surekha Mahajan, Advocate for respondent Nos.1 to 3.

ORAL JUDGMENT:

1. Rule. Rule made returnable forth with. Heard by consent.

2. By way of present petition, the petitioners, challenge the order dated 3rd November, 2007, passed by the learned 2nd Adhoc Addl.District Judge, Shahada below Exh.53 in Trust Application No.01/2007 and below Exh.17 in Trust Application No.02/2007, vide which both the applications of the present petitioners below Exhs.17 and 53 for leading the additional evidence, have been rejected.

3. It appears that there is a long standing dispute between the present petitioners and the respondents over the management of one Peoples Education Society. It appears that the change reports are filed by both the petitioners as well as the respondents, contending that in the elections the said society, their respective groups have been elected as the members of of the Managing Committee. After the orders were passed by the learned Asstt.Charity Commissioner, the matter went to the Jt.Charity Commissioner. Thereafter, the proceedings have reached before the learned District Judge under Section 72 of the Bombay Public Trust Act, 1950 (hereinafter referred to, as "the said Act"). In the said proceedings, both the applications bel













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