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2013 Supreme(Bom) 1002

M.L.TAHALIYANI
Sandeep Ram Meghe – Appellant
Versus
Pundlikrao Balaji Gohad (Dead) – Respondent


Advocates Appeared:
For the Appellants:Mr. Shashank Manohar, A.A. Naik, J.T. Gilda, Advocates.
For the Respondents:R2 to R10, K.H. Deshpande, Senior Advocate with A.M. Sudame, Shashank Manohar, A.A. Naik, R11 to R15, A.C. Dharmadhikari, Advocates.

JUDGMENT

1. These two second appeals impugn the judgment and order passed by District Judge1, Amravati while disposing of Misc. Civil Application Nos. 21 of 2012 and 40 of 2012 by common judgment and order dated 22nd June, 2012. Said two Misc. Civil Applications arose out of a common judgment and order dated 13th December, 2011 passed by learned Joint Charity Commissioner in Appeal Nos. 3 of 2010 and 4 of 2010. Appeal No. 3 of 2010 and 4 of 2010 had arisen out of the order passed by Deputy Charity Commissioner, Amravati in Enquiry No.135 of 2007 under Section 22 of the Bombay Public Trusts Act, 1950.

2. The said enquiry under Section 22 of the Bombay Public Trusts Act was initiated on the change report submitted by appellant No.1 Shri Sandeep Ram Meghe in Second Appeal No. 408 of 2012 (hereinafter referred to as “appellant No.1”). The said change report was in respect of the change in the Executive Committee of Vidarbha Youth Welfare Society, Amravati. Vidarbha Youth Welfare Society, Amravati is a public trust registered under the provisions of the Bombay Public Trusts Act, 1950 vide Registration No.F242/Amravati. Elections were held on 3rd December, 2006 and in the result new execu












































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