S.S.SHINDE
Gaffar s/o. Sattarkhan Pathan – Appellant
Versus
Marutrao s/o. Tatyaba Sarpate – Respondent
Learned Counsel appearing for the appellants invited my attention to the reported judgment of this Court in the case of Vasantrao s/o. Vishwanathrao Mane & Ors. Vs. Apparao s/o. Baibanna Sidore & Ors., 2008(2) ALL MR 95 and in particular para 30 of the said judgment. Relying upon said judgment and provisions of subsection (2) of section 72 of the Bombay Public Trusts Act, learned Counsel appearing for the appellants would submit that the Court is not given specific power of remand likewise one available under Order 41, rules 23 and 27 of the C.P.C. In the proceedings under section 72 of the Bombay Public Trusts Act, the powers which will be exercised by the Court are circumscribed by sub-clause (II). The Court can confirm, revoke or modify the decision of the Assistant Charity Commissioner, however, Court has no jurisdiction to remand the matter back to the Assistant Charity Commissioner for fresh adjudication or reconsideration. Therefore, according to learned Counsel appearing for the appellants, the judgment and order passed by the Principal District Judge, Beed, deserves to be quashed and set aside.
2. On the other hand, learned Counsel appearing for the respondents
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