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2017 Supreme(Bom) 942

SHALINI PHANSALKAR JOSHI
Santosh S/o Shankarlal Agrawal – Appellant
Versus
Purushottam S/o Jaganath Murme – Respondent


Advocates Appeared:
For the Appellant : Shri. A.S. Mehadia, counsel
For the Respondent: Shri. R.A. Jain, counsel

JUDGMENT :

This appeal takes an exception to the judgment and order dated 15/12/1997 delivered by 2nd Additional District Judge, Nagpur in Miscellaneous Civil Application No. 363/1995. By the impugned order, the learned Additional District Judge has dismissed the revision application, which was preferred against the judgment and order dated 03/06/1995 passed by the Joint Charity Commissioner, Nagpur (for short, “JCC”) in Appeal No. 28/1994, preferred under section 70 of the Bombay Public Trust Act, 1950 (hereinafter will be referred to as “Act” for convenience). By his impugned order, JCC has allowed the said appeal and set aside the order passed by the Deputy Charity Commissioner, Nagpur (for short “DCC”) rejecting the Change Report No.229/1992 and accepting the same.

2. Brief facts of this appeal can be stated as follows :

Appellant and respondent no.2 are the founder members of the Trust, by name Shri Sadashivrao Patil Shikshan Sanstha, Kamptee, District – Nagpur. It was initially registered as society under the Societies Registration Act, 1860. After the Bombay Public Trust Act, 1950 came into effect, the said society was deemed to be registered as a Trust. Respondent no.2 was als

















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