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2022 Supreme(Bom) 1660

S. G. DIGE
Siddhavinayak, S/o. Kashinathappa Bondre – Appellant
Versus
Janardhan S/o. Dattuappa Bondre – Respondent


Advocates Appeared:
For the Appellant : Ms. Pradnya Talekar.
For the Respondents: Mr. S.S. Thombre.

JUDGMENT :

1. The issue involved in this appeal is remand order passed by the District Judge-3, Jalna [for short ‘the learned District Judge’] in Civil Misc. Application No. 82 of 2015, directing the Assistant Charity Commissioner, Jalna [for short ‘the ACC’] to appoint first body of trustees by obtaining biodatas and consent letter of the suitable persons within a period of three months.

Brief facts of the case are as under:

2. Shri Anandi Atmanand Saraswati @ Rangnath Maharaj Vishranti Math is a public charitable trust [for short ‘said trust’]. An application seeking formulation of new scheme was filed in the year 1997 under Section 50-A (1) of the Bombay Public Trusts Act [for short ‘BPT Act’], which came to be decided by the ACC, Jalna on 20.06.2000. The said scheme was challenged before the District Court, Jalna, the learned District Court was pleased to remand the matter for fresh disposal. Thereafter, the ACC decided the said enquiry application vide judgment and order dated 11th March, 2015, by holding that it was necessary to frame scheme for the said trust and appointed the first body of trustees along with framing of the scheme. The said judgment of the ACC was challenged b

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