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2014 Supreme(Bom) 1601

T.V.NALAWADE
Ratneshwar s/o. Trimbakappa Kore – Appellant
Versus
Manmathappa s/o. Pandaba Lokhande – Respondent


Advocates Appeared:
Mr. A.V. Antoorkar, Senior Counsel i/b. Mr. S.V. Nathu, Advocate for appellants.
Mr. R.R. Mantri h/f. Mr. V.D. Gunale, Advocate for respondent No.1.
Mr. P.P. Dudile, Advocate for respondent No. 2.
Mr. R.N. Dhorde, Senior Counsel i/b. Mr. T.G. Gaikwad, Advocate for respondent No. 3.
Mr. V.D. Salunke, Advocate for respondent No. 6.

ORDER :

1. The appeal is filed to challenge the judgment and order of Misc. Civil Application No. 26/2011 which was pending in the Court of District Judge-2, Latur. The proceeding filed under section 72 of Bombay Public Trust Act, 1950 (in short 'the Act' ) to challenge the decision of Joint Charity Commissioner (in short 'Jt.C.C.') and Assistant Charity Commissioner (in short 'A.C.C.') given in Inquiry No. 238/2004 was challenged before the District Judge. On the basis of change report given under section 22 of the Act, inquiry was made by A.C.C. and the report was rejected. This decision is set aside by the District Judge and the report is accepted. The report was given by the President and Secretary (Shri. Mallikarjunappa Bidve and Shri. Karale) in respect of the amendment to the Constitution of Shri. Mahatma Basveshwar Education Society, Latur to enable the institution to make more members. The decision of the District Judge is challenged by founder member, member of Governing Council (for short 'G.C.') of the Trust and also by some trustees in the present proceeding. Both the sides are heard.

2. The matter came to this Court after the remand of the matter made by the Hon'ble Ap






























































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