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2013 Supreme(Bom) 843

R.K.DESHPANDE
Anil s/o Govindrao Shirkhedkar – Appellant
Versus
Babanrao Ganpatrao Wadaskar – Respondent


Advocates:
Advocate Appeared:
For the Appellant:R.L. Khapre, Advocate.
For the Respondents:R1 to R9, Anoop Gilda, holding for Shri J.T. Gilda, Advocate.

Judgment :

1. Admit. Heard finally by consent of the learned counsels appearing for the parties.

2. The learned Deputy Charity Commissioner, Amravati, by the judgment and order dated 14-8-2000 passed in Application No.31 of 2000, filed by the respondent Nos.1 to 9 under sub-section (1) of Section 50A of the Bombay Public Trusts Act, 1950 (for short, “the BPT Act”), framed a Scheme in respect of “Shri Hanuman Mandir, Wedapur, Tq. Warud, Distt. Amravati” (for short, “the said Trust”), bearing PTR No.A-1287 (Amravati), as per Annexure-A appended to the said judgment and order. This was the subject-matter of challenge by the appellant in Misc. Civil Appeal No.168 of 2009, which has been dismissed by the learned District Judge-2, Amravati, by his judgment and order dated 14-9-2010. Hence, this second appeal.

3. The learned Deputy Charity Commissioner, by his judgment and order dated 14-8-2000, settled a Scheme in respect of the said Trust under sub-section (1) of Section 50A of the BPT Act, as per Annexure-A to the said judgment and order. He accepted that the said Trust has neither any Constitution nor any rules or regulations to suggest the manner in which the affairs of the said Trus















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