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2020 Supreme(Bom) 275

B.P.DHARMADHIKARI, R.K.DESHPANDE, AMIT B.BORKAR
Avinash Kishorchand Jaiswal – Appellant
Versus
Rammandi Deosthan, Pavnar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri Anand Jaiswal, Senior Advocate, assisted by Smt. Radhika Bajaj, Advocate
For the Respondent:Shri S.D. Abhyankar, Advocate, Shri R.M. Bhangde, Advocate, Shri S.Y. Deopujari, Advocate

JUDGMENT :

AMIT B. BORKAR, J.

1. In the proceedings of Application No.02 of 2009, the learned Joint Charity Commissioner, Nagpur, accorded his sanction on 25-10-2011 under Section 36(1)(a) of the Maharashtra Public Trusts Act, 1950 (“the said Act”) for sale of the land Survey No.302, admeasuring 15.19 acres (“the property in question”), belonging to Shri Ram Mandir Deosthan, Pavnar, Wardha, in favour of the petitioner No.1- Avinash Kishorchand Jaiswal, who was the highest bidder, for total consideration of Rs.11,05,000/-. This was subject to the decision in Special Civil Suit No.24 of 2009, said to have been filed by M/s. Ramdeobaba Developers and Builders, Arvi, for specific performance of the property in question.

2. The respondent No.2- Sudhakar Gajanan Deshpande, since dead, and the respondent No.3- Sanjay Ratiramji Satdeve, claiming to be the trustees, filed an application under Section 36(2) of the said Act for revocation of sanction, in the month of September, 2014. During the pendency of this application, the registered sale-deed was executed by the respondent No.1- Trust on 12-1-2015 in favour of the petitioners. On 20-2-2015, Application No.1 of 2014 was filed for dismissal

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