Shri Santosh Bhaga Jadhav, Shri Ramesh Lalchand Jain, Shri Sanjay Janhaiyalal Chajed, Shri Maharu Barku Bhil, Shri Rajaram Mahadu Saindane, Shri Dilip Ramkrishna Upadhye, Shri Kailas Govinda Patil, Sau Mina Rameshchandra Upadhye, Shri Viay Genda Rayate vs The Joint Charity Commissioner, Nashik Division, Nashik Kharbanda Chembers, Assistant Charity Commissioner, Dhule Division, Shri Shamrao Gobji Mali

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(Bom) 24622

BOMBAY HIGH COURT
SANDIPKUMAR C. MORE, J
Shri Santosh Bhaga Jadhav, Shri Ramesh Lalchand Jain, Shri Sanjay Janhaiyalal Chajed, Shri Maharu Barku Bhil, Shri Rajaram Mahadu Saindane, Shri Dilip Ramkrishna Upadhye, Shri Kailas Govinda Patil, Sau Mina Rameshchandra Upadhye, Shri Viay Genda Rayate – Appellant
Versus
The Joint Charity Commissioner, Nashik Division, Nashik Kharbanda Chembers, Assistant Charity Commissioner, Dhule Division, Shri Shamrao Gobji Mali – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Mukul Kulkarni
For the Respondents: Mr. D. R. Kale, Mr. V. D. Hon, Mr. A. V. Hon, Mr. Shantanu A. Deshpande, Mr. C. S. Deshmukh

Table of Content
1. introduction to appeals and parties involved. (Para 1 , 2)
2. challenging legality due to death of parties. (Para 3 , 4 , 5)
3. court's findings on jurisdictional issues regarding deceased parties. (Para 7)

JUDGMENT :

1. Both these appeals are fled by respective appellants against the impugned judgments and orders dated 09/02/2021 passed by the learned District Judge-5, Dhule (hereinafter referred to as 'the learned District Judge) in Miscellaneous Civil (Trust) Application No.108 of 2010 and Miscellaneous Civil (Trust) Application No.124 of 2010. Since in both these applications the learned District Judge after allowing those applications, has set aside order of the Assistant Charity Commissioner, Dhule in Change Report No. 643 of 2007 and order of Joint Charity Commissioner, Nashik Region, Nashik Appeal No. 26 of 2009, I fnd it appropriate to decide these appeals commonly.

2. It appears that the learned Assistant Charity Commissioner, Dhule had accepted the Change Report No. 643 of 2007 based on the meeting dated 08/04/2007, wherein body of the trust known as 'Mahatma Jyotiba Phule Gramin Shikshan Mandal, Nyahold, District Dhule' got changed. The Joint Charity Commi

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