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2022 Supreme(Bom) 1130

N.J.JAMADAR
Shivkumar Das Guru Suresh Ramdas – Appellant
Versus
Surabhan Nakiram Agrawal – Respondent


Advocates appeared:
P. B Shah, Advocate, S. B. Shetye, Advocate, A. R. Patil, Advocate

JUDGMENT

N. J. Jamadar, J. - Since the genesis of these appeals under Section 72(4) of the Maharashtra Public Trusts act, 1950 (for short, 'the Trusts act, 1950'), as it stood before it came to be deleted by Maharashtra act No. 55 of 2017, is in the order passed by the learned assistant Charity Commissioner, Nashik on an application (application No. 06 of 2001), dated 21st april 2003, settling the scheme under Section 50a(1) of the Trusts act, 1950, both these appeals are taken up for hearing and final disposal by this common judgment.

2. Shorn of unnecessary details, the background facts leading to these appeals can be stated as under :

    (a) 'Shri Katya Maruti (Lambe Hanuman)', is a religious public trust registered under the provisions of the Trusts act, 1950 vide registration No.a-438 (Nashik). It is situated at Survey No.296, Panchawati, Nashik. The trust owns property admeasuring 50 acres at adgaon. It was registered in the year 1954. Shri Shivkumardas Guru Suresh Ramdas, the appellant, had been acting as a trustee of the said trust in accordance with 'Guru Shishya Parampara'.

    (b) Shri Surajbhan Nakiram agrawal and Shri Raoveer Tejsing Sharma preferred an application, bearing appli

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