2024:BHC-AS:42352-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Digitally signed WRIT PETITION NO.1440 OF 2023 by SATISH RAMCHANDRA SATISH SANGAR RAMCHANDRA SANGAR Date:

2024.10.24

10:57:17 +0530 1. Shivaji Ramchandra Deshmukh Age : 60 Years, Occupation : Agriculture, Since deceased through Legal Heirs, Petitioner Nos.12 and 13.

2. Tanaji Ramchandra Deshmukh Age : 55 Years, Occupation : Agriculture, 3. Netaji Ramchandra Deshmukh Age : 50 Years, Occupation : Agriculture, 4. Sambhaji Ramchandra Deshmukh Age : 45 Years, Occupation : Agriculture, Petitioner Nos.1 to 4 residing at:-

Kolegaon, Taluka : Mohol, District : Solapur.

5. Sou.Latika Shivaji Pandhare Age : 55 Years, Occupation : Housewife, Residing at : Kurwali, Taluka : Indapur, District : Pune (Since deceased)

6. Dnyaneshwar Narayan Patil Age : 35 Years, Occupation : Agriculture, Residing at : Gotewadi, Taluka : Mohol, District : Solapur.

7. Pandurang Narayan Patil Age : 25 Years, Occupation : Agriculture, Residing at : Gotewadi, Taluka : Mohol, District : Solapur.

8. Dattatraya Narayan Patil Age : 24 Years, Occupation : Agriculture, Residing at : Gotewadi, Taluka : Mohol, District : Solapur.

9. Sou.Surekha Chandrashekhar Bulgunde Age : 38 Years, Occupation : Housewife, Residing at : Sanjwad, Post : Aurad, Taluka : South Solapur, District : Solapur.

10. Sou.Jayashree Vijaykumar Deshmukh Age : 30 Years, Occupation : Housewife, Residing at : Ramlal Chowk, Beside Rahul Automobiles, Solapur.

11. Sou.Urmila Annasaheb Deshmukh Age : 24 Years, Occupation : Housewife, 12. Annasaheb Shivaji Deshmukh Age : 28 Years, Occupation : Agriculture, For self and POA Holder of Petitioner Nos. 2 to 11.

13. Madhav Shivaji Deshmukh Adult, Occupation : Agriculture, Petitioner Nos.11 to 13 residing at:-

Kolegaon, Taluka : Mohol, ...Petitioners District : Solapur.

Versus

1. Mohol Taluka Sahakari Shikshan Prasarak Mandali Ltd.

Mohol Sanchalit, Nagnath Vidyalaya, Mohol, Through : Secretary Shri.Abdul Rahiman Dadasaheb Shaikh, Age : 82 Years, Occupation : Agriculture, Residing at:-

Mohol, District : Solapur.

2. The Principal District Judge, Solapur, @ Administrator, Nagnath Vidyalaya & Junior College, Mohol.

3. Bashir Noormohamed Bagwan Age : 54 Years, Occupation : Service, Address : Nagnath Vidyalaya &

Junior College, Mohol, Taluka : Mohol, District : Solapur. ...Respondents *****

Mr.Rahul S. Kadam:- Advocate for Petitioners.

Mr.Prasad P. Kulkarni:- Advocate for Respondent No.2.

*****

CORAM : S. M. MODAK, J.

DATE : 15^th OCTOBER 2024 P. C. :-

1. The only issue arisen in this Petition is, “whether the learned Principal District Judge (who is appointed as an Administrator in the First Appeal as per the order dated 16^th June 2017) is permitted to authorise the Head Master of one School managed by Mohol Taluka Sahakari Shikshan Prasarak Mandal”. The said authorisation is dated 23^rd August 2018. The Head Master Shri.Bagwan was authorised to look after the proceedings of Regular Civil Suit No.54 of 2010 and to do all related work.

2. On the basis of this authorisation, the Head Master Shri.Bagwan has filed an Affidavit of Examination-in-Chief. It was objected by Defendant Nos.1 to 12 and the trial Court has refused to discard his evidence as per the order dated 8^th September 2022. (Page No.82). It was passed by the Court of Joint Civil Judge Junior Division–Mohol.

Its correctness is challenged by way of this Writ Petition.

Background of Suit

3. The Suit is filed on behalf of Mohol Taluka Sahakari Shikhan Prasarak Mandal for the purpose of declaration that they have become owner by way of ‘adverse possession’. There was a dispute amongst the members and past member of that Mandal. The proceeding was pending before the Joint Charity Commissioner. It was on the Application under Section 47 of the Maharashtra Public Trust Act, 1950. The Learned Joint Charity Commissioner–Latur as per the order dated 25^th October 2011 has passed one order. He appointed 7 persons as ad-hoc trustees to manage the Trust. This was