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2009 Supreme(Bom) 1275

R.M.BORDE
VITHALRAO s/o SAMBHAJIRAO KHARPADE – Appellant
Versus
MOTIRAM s/o NARSINGRAO BIRAJDAR – Respondent


Advocates appeared:
For appellants: N. P. Patil Jamalpurkar
For respondent Nos. 1 to 5:R.N. Dhorde Respondent Nos. 6 and 7 served.

JUDGMENT

This is an appeal challenging judgment and order passed by the Ad hoc District Judge - 3, Latur on 18-2-2009 in Civil Miscellaneous Application (Trust) No. 191/2008 thereby confirming the judgment and order passed by the Joint Charity Commissioner, Latur in Revision Application No. 31/2007 decided on 1-9-2008.

2. Appellant No.1 herein presented change report under section 22 of the Bombay Public Trusts Act, 1950 to the Deputy Charity Commissioner, Latur Region, Latur on 27-12-2006. Change report pertains to the election of the Executive Committee of the trust namely Mahatma Basweshwar Shikshan Prasarak MandaI, Kharosa, Tq. Ausa, Dist. Latur. Appellant No. 1 intimated the change occurred in the constitution of the Managing Committee of the trust in pursuance to the elections of the office bearers held on 7-8-2006. On presentation of the change report the Deputy Charity Commissioner by order dt. 5-2-2007 accepted the same and directed to make consequential amendments in Schedule 1.

It is recorded in the order passed by the Deputy Charity Commissioner that the applicant has submitted consent letter of the incoming trustees and no objection letter from the outgoing trustees which







































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