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2008 Supreme(Bom) 1742

S.B.DESHMUKH
Dattatraya Bhimrao Patwari – Appellant
Versus
Manikrao Ramrao Birajdar – Respondent


Advocates Appeared:
Mr. R.R. MANTRI, Advocate for the Petitioner. Mr. HIRAJI GAIKWAD, Advocate for the Respondent No.3.
Mr. R.L. KUTE, Advocate for Respondent No.5. Mr. R.N. DHORDE, Advocate for Respondent No.6.
Mr. S.S. JADHAVAR, Advocate for Respondent No.12.
Mr. S.P. DAUND, A.G.P., for Respondent/State Authorities.

JUDGMENT:-

Heard learned counsel for the parties.

2. The prayer (A) made in this writ petition is for issuance of rule. Second and important prayer, in this writ petition, which is made in prayer clause (B) is interesting and I am reproducing the same herein below:

"B) Issue writ of certiorary or any other writ or order and call for record and proceedings of Misc. Application NO.286/ 08 decided on 4.12.08 by A.C.C., Solapur and of Appeals 72 and 74 of 2006 decided on 13.2.2008 from JI. Charity Commissioner, Latur and on perusal of same or otherwise quash and set aside both above orders more particularly about and to the extent issue of Membership and holding of election by officer of the Charity Organization. ,.

After this prayer, interim relief is sought in prayer clause (C). This petition seems to have been filed on With December, 2008. To understand the controversy, various events and proceedings, in substance, needs to be listed. as below:

(i) Respondent No.3 Govindrao Jaiwantrao Salunke had filed change report N 0.180 I of 2004 before the Assistant Charity Commissioner, Osmanabad. It was, thereafter, transferred on account of order passed by the learned Single Bench of this Cou





























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