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2017 Supreme(Bom) 207

M.S.SONAK
Shivajirao Bhavanrao Patil – Appellant
Versus
Shikshan Prasarak Mandal Malshiras – Respondent


Advocates Appeared:
For the Appellant : Mr. R.V. Bansode
For the Respondent: Mr. I.M. Khairdi

JUDGMENT :

1. This appeal concerns 'Shikshan Prasarak Mandal' (Trust), a trust duly registered under the Maharashtra Public Trusts Act, 1950 (said Act).

2. By order dated 29 May 2009, the Assistant Charity Commissioner (ACC) purporting to exercise powers under section 50A framed new scheme for the management and administration of the Trust, in substitution of the existing scheme. The new scheme, amongst other matters, involves the curtailment of the tenure of existing trustees and the reduction in the strength of the governing body from 17 to 7 trustees. The appellants, the then existing trustees, appealed ACC's order dated 29 May 2009 to the District Judge, Malshiras invoking provisions of section 72(2). This appeal was dismissed by order dated 17 July 2010. Section 72(4) provides that an appeal shall lie to the High Court, against the decision of the District Court under section 72(2), as if such decision was a decree from which an appeal ordinarily lies. The explanation clarifies that the expression 'decision' shall include a scheme framed or modified under section 50A. Hence, the present appeal against orders dated 29 May 2009 and 17 July 2010.

3. On 4 November 2008, Santosh Shind











































































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