JUDGMENT/ORDER

1. Heard both the parties at length.

2. The present appeals are filed by the appellant being aggrieved by the judgment and order passed by District Judge No.1, Yavatmal in M.J.C. No.20/1999 and MJC No.21/1999 decided on 04/12/2008 dismissing the M.J.C. as abated arising out of judgment passed in Revision No.22/1997 decided on 30/01/1999 by Joint Charity Commissioner, Nagpur arising out of order dtd. 12/07/1978 passed by Assistant Charity Commissioner, Yavatmal in Appeal No.59/1997 under Sec. 70 passed by Joint Charity Commissioner, Nagpur arising out of common order passed by Assistant Charity Commissioner, Yavatmal in Inquiry Case No.143/1994 and 773/1994 decided on 26/08/1997.

3. This Court framed substantial question of law on 13/03/2009 which is as follows:

<WXY>"Whether the appellant could have been permitted to come on record to represent the interest of other group in Public Trust?"</WXY>

4. Being two second appeals filed challenging common order, Second Appeal No.471/2008 is taken as lead appeal. The present appeal is filed that Vidya Prasarak Mandal which was established by grandfather of appellant and on the donation amount of Amolakchand Mahavidyalaya, Yavatma