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2021 Supreme(Bom) 958

SANDEEP K.SHINDE
Swani Sanarth Samadhi Math Utsav Mandal – Appellant
Versus
Shripad Pujari – Respondent


Advocates appeared:
Anant Vadgaonkar, Advocate, A.V.Joshi, Advocate

JUDGMENT

1. Appellants have challenged the order dated 24th November, 2017 passed by the learned District Court, Solapur in Misc. Civil Application No. 77 of 2017 in exercise of powers under Section 72 of the Maharashtra Public Trusts Act.

2. The Registry and the respondents would object to the maintainability of the Second Appeal, in view of the deletion of Section 72 of the Maharashtra Public Trusts Act by Amending Act 55 of 2017.

3. Heard learned Counsel for the parties.

4. The original order was passed by the Deputy Charity Commissioner which was challenged by the respondents before the Joint Charity Commissioner under Section 70 of the Maharashtra Public Trusts Act. Appeal filed by the respondent was allowed. Feeling aggrieved, the appellants herein have challenged the same before the District Court under Section 72 of the said Act. The said application under Section 72 was pending when Amending Act 55 of 2017 came into force on 10 th October, 2017. The District Court dismissed the application on merits against which the Second Appeal is preferred. Amending Act 55 of 2017 i.e. the Maharashtra Public Trusts (Second Amendment) Act, 1977 came into force on 10th October, 2017. Vide

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