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2019 Supreme(Bom) 1299

R.D.DHANUKA
Vishwanath Dadarao Karad – Appellant
Versus
Avinash Bhaskar Avhad – Respondent


Advocates:
Advocate Appeared:
P.K. Dhakephalkar, Adv., Swaroop Karade, Adv., Gauri Shah, Adv., Swapnil Patil, Adv., Surel S Shah, Adv., A.V. Anturkar, Adv., Sugandh B Deshmukh, Adv., Prathamesh Bhargude, Adv., Ajinkya Udane, Adv., P.B. Shah, Adv., Kayval P Shah, Adv., Mahesh V Rawool, Adv.

JUDGMENT :

R.D. Dhanuka, J.

By this Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908 (for short "the CPC"), the applicants (original defendants No.1 to 10) have impugned the Judgment and order dated 14th December, 2014, passed by the learned Third Civil Judge, Senior Division, Pune below application Exhibit 21 in Special Civil Suit No. 826/2014, which was filed under Order VII, Rule 11(d) of the CPC by the applicants herein for rejection of the plaint.

2. By consent of the parties, the matter was heard finally at the admission stage. Some of the relevant facts for the purpose of deciding this application are as under :

3. Applicant No.3 is a trust, registered under the provisions of the Maharashtra Trust Act, 1950 (for short "the said Act"). Respondents No.1 and 2 are the trustees of the Respondent No.3 Trust. On 30th October, 2013, the Applicant No.3 issued a show cause notice to the respondents No.1 and 2, calling upon them to explain their acts and actions which in the opinion of the board of trustees of the Applicant No.3 amounted to misconduct.

4. Respondents No.1 and 2 filed proceedings before the Charity Commissioner, as also a suit before t

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