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2025 Supreme(Bom) 1871

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE
Shivaji Maratha Society, Through its Secretary, Shri. Shashikant Shankarrao Sutar – Appellant
Versus
Sarjerao Shivajirao Jedhe – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Prathamesh Bhargude with Mr. Sumit Sonare
For the Respondent:Mr. S.M. Gorwadkar, Senior Advocate with Mr. Swaraj M. Savant i.b. Mr. Sanjay H. Gangal

P.C :

SANDEEP V. MARNE, J.

1) The Applicant has invoked revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 (the Code) for setting up a challenge to the order dated 24 July 2017 passed by the 3rd Joint Civil Judge Senior Division, Pune rejecting the application filed by the Applicant/Defendant No.1 seeking rejection of plaint under Order VII Rule 11 of the Code.

2) Applicant is a Trust registered under the provisions of the Maharashtra Public Trusts Act, 1950 (MPT Act). Respondent Nos.1 to 4, who claim to be life members of the Trust, are the original Plaintiffs in Special Civil Suit No. 383 of 2017, who have have challenged Resolution dated 4 March 2017 adopted by the Governing Council of the Trust, as well as, Resolution dated 5 March 2017 adopted in the General Body Meeting expelling them from the position of life membership. Plaintiffs have also prayed for mandatory injunction for their reinstatement as life members of the Trust. Plaintiffs have also sought damages from the Defendants. Defendant No.3, for himself and on behalf of Defendant No.1-Trust, filed application at Exhibit-19 seeking rejection of plaint under Order VII Rule 11 of

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