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2014 Supreme(Bom) 386

A.I.S.CHEEMA
Social and Cultural Association – Appellant
Versus
State of Maharashtra, Through the Secretary for Law and Judiciary Department – Respondent


Advocates Appeared:
For the Petitioners:V.D. Hon, A.V. Hon, Advocates.
For the Respondents:R1, R2, K.J. Ghute Patil, A.G.P, R3 to R15, J.R. Shah, A.K. Tiwari Advocates.

Judgment

1. This Revision Application is by Social and Cultural Association, Kusumba, a registered Trust and its office bearers who are original Plaintiff Nos.1 to 4, 6, 8 and 9 in Regular Civil Suit No.541 of 2012 pending before Civil Judge, Senior Division, Dhule. Other Defendants from the Trust Defendant Nos.10 and 11 and the State and Assistant Charity Commissioner who have been arrayed as Defendants in trial Court, are arrayed here as Respondents. Original Plaintiff Nos.1 to 13 are present Respondent Nos.3 to 15. For the sake of convenience, I will refer to Petitioners as the Defendants and Respondent Nos.3 to 15, as Plaintiffs.

2. The present Revision was filed challenging orders below Exhibit 5 dated 1st September, 2012, vide which the resolution of the Trust expelling the Plaintiff Nos.2 to 9 from membership of the Trust was stayed and permission was granted to them to participate in the election held on 2nd September, 2012. The Revision has been filed also against the order dated 30th August, 2012 passed below Exhibits 16 and 22 in the Suit deciding preliminary issue regarding non maintainability of the Suit in view of Section 50 of the Maharashtra Public Trusts Act (earlier




































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