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2014 Supreme(Bom) 352

S.B.SHUKRE
Ravindra Nanasaheb Deshmukh – Appellant
Versus
Shankarrao Dashrath Ingle – Respondent


Advocates Appeared:
For the Appellants:R.L. Khapre, Advocate.
For the Respondents:N.W. Sambre, Advocate.

Judgment

1. Both these appeals are directed against common judgment and order passed on 16/10/2010 by District Judge, Washim in Miscellaneous Judicial Case Nos.61 and 62 of 2008.

2. The controversy involved in these appeals has at its root a dispute that is raging between the appellants and the respondents in respect of the control over the management of the affairs of “Shree Ambika Education Society, Gawha, District Manora, District Washim” (hereinafter called the 'Society' for short). The said Society is registered under the provisions of Bombay Public Trust Act, 1950 (hereinafter referred to as, 'the BPT Act', for short) bearing registration No.F153/ Akola dated 07/7/1964. The affairs of the Society are carried on in accordance with its written constitution containing various rules and regulations to govern all aspects relating to management and execution of the Society.

3. It is the case of the appellants that prior to 12/7/1996, appellant No.2 was the member of the executive committee of the Society and from 12/7/1996, he has been elected as President of the Society. The respondents are the members of the executive committee. The appellants submitted that process for election to











































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