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2016 Supreme(Bom) 1056

A.B.CHAUDHARI
VIDARBHA YOUTH WELFARE SOCIETY, AMRAVATI – Appellant
Versus
SANDIP RAM MEGHE – Respondent


Advocates Appeared:
For the Petitioner: R.D. Bhuibhar.
For the Respondent: A.J. Kadu, P.A. Kadu.

JUDGMENT :

A.B. CHAUDHARI, J.

1. Being aggrieved by order dated 1-8-2015 passed by 8th Jt. Civil Judge Junior Division, Amravati below Exh.22 in Regular Civil Suit No. 178/2015, by which the learned trial Judge held that it has jurisdiction to try and entertain the suit and consequently rejected the objection as to the jurisdiction raised by the revision-applicants, the present Civil Revision Application has been filed.

2. In support of this revision application, Mr. Bhuibhar, learned Counsel for the revision applicants vehemently argued that the body of the suit plaint, averments as well as prayers and the reliefs claimed in the suit filed by the non applicants in the matter of removal of the members from the society of the trust are the matters falling under section 50(1)(iv)(p) of the Maharashtra Public Trusts Act (for the sake of brevity ‘Act’) and consequently in the absence of consent obtained under section 51 of the said Act and in view of the bar under section 80 thereof, the suit was clearly not maintainable and was required to be dismissed. Mr. Bhuibhar cited several decisions before me, which were also cited before the learned trial Judge. Mr. Bhuibhar has placed heavy reli




















































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