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2014 Supreme(Bom) 2284

A.P.BHANGALE
Anil Motiram Kalyankar – Appellant
Versus
Shree Jogeshwar Mahadev Mandir Trust – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Abhishek Pungliya, Advocate
For the Respondent:Dilip Bodake, Advocate

Judgment

A.P. Bhangale, J.

1. Heard submissions at the bar.

2. The grievance of the review applicants is that this Court while deciding first appeal did not entertain it, as if it is a second appeal, considering only substantial question of law which arose before the Court, as according to him second appeal cannot be decided without formulating substantial question of law. The order without formulating and considering substantial question of law is contrary to law as such substantial question of law was not considered while disposing of the first appeal.

3. The review petition is opposed on the ground that there is not any valid ground for review in the absence of any apparent error on the face of record. The review petition is also opposed on the ground that the review applicants and the respondents were directed to go before the Jt. Charity Commissioner, Pune Region, Pune, on 11/11/2013 at 11.00 a.m., after this Court directed the Jt. Charity Commissioner, Pune Region, Pune, to apply his mind to the facts of the case before insisting upon the proposed draft scheme, suggesting modifications.

4. The learned counsel for the review applicants made reference to the order passed by the lear








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