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2008 Supreme(Bom) 235

N.V.DABHOLKAR, S.B.DESHMUKH
Dinkar Shankarrao Patil – Appellant
Versus
Sheshrao Shankarrao Patil – Respondent


Advocates appeared
Petitioners:Shri V.D.Salunke Respondents 1 and 2:
Shri S.S.Jadhavar h/f Shri V.S.Janephalkar and
Respondent No.3: Shri D.V.Tele, AGP.

JUDGMENT :

Per DESHMUKH, J.:-

1. This writ petition takes an exception to the judgment and order passed by the learned Assistant Charity Commissioner, Osmanabad in Enquiry Application No.725 of 2007, dated 29.12.2007.

2. This petition was listed before the learned Single Judge of this Court on 29.1.2008.

After hearing learned counsel Shri V.D. Salunke, appearing for the petitioners and Shri S.S.Jadhavar i/b Shri V.S.Janephalkar, learned Advocate appearing for respondents 1 and 2, learned Single Judge of this Court has passed an order directing the Registry of this court to place this petition before the Division Bench of this Court and that is how, this petition is listed for admission before this Court.

3. Resume of few facts for consideration of this writ petition is relevant :-

(A). Bhartiya Rashtriya Shiksan Sanstha, Lohara, District Osmanabad ("the trust") is registered under the provisions of the Bombay Public Trusts Act, 1950 ("the said Act"). This trust is having a constitution, copy of which is not on record. However, there are

some un-disputed facts. The trust is also registered under the provisions of the Societies Registration Act, 1870. The trust runs various educational inst

























































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