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2021 Supreme(Bom) 1052

N.J.JAMADAR
Abhinav Manav Vikas Sanstha – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Anjali Bajpai-Dube, Advocate, G.O. Wattamwar, Advocate, Hanmant V Patil, Advocate

JUDGMENT

N J Jamadar, J. - Rule. Rule made returnable forthwith and, with the consent of the learned Counsels for the parties, heard finally at the stage of admission.

2. The challenge in this petition is to a judgment and order passed by the learned District Judge, Latur, dated 7th March, 2020, in Misc. Civil Appeal No.108 of 2019, whereby the learned District Judge dismissed the appeal preferred by the petitioner-appellant and affirmed the order passed by the learned 2nd Joint Civil Judge, Junior Division, Latur dated 4th November, 2019, rejecting the application [Exh.5] preferred by the petitioner seeking injunction against the respondent/ defendant - Municipal Corporation, from taking coercive action for recovery of the tax levied upon the petitioner/plaintiff.

3. Shorn of unnecessary details, the background facts leading to this petition can be stated as under :-

a] The petitioner is a public charitable trust registered under the Maharashtra Public Trusts Act, 1950. It imparts education to the children belonging to all strata of society. The plaintiff-trust runs Shrikishan Somani Prathamik Madyamik Vidyalaya at property No. B-3/366 [old property No. R-8/153/1]. The said property

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