MILIND MANIKRAO DOLARE Vs. MUKUNDWADI COOP. HOSING SOCIETY LTD
LAWS(BOM)-2017-8-34
HIGH COURT OF BOMBAY
Decided on August 16,2017

Milind Manikrao Dolare Appellant
VERSUS
Mukundwadi Coop. Hosing Society Ltd Respondents

JUDGEMENT

K.L.WADANE,J. - (1.) Heard Mr. S.V.Adwant, learned counsel appearing for the appellants and Mr. P.F.Patni, learned counsel appearing for respondent no.1. With their consent, the present appeal is taken up for final hearing at the admission stage.
(2.) Appellant no.1 is a religious public trust registered under the provisions of the Maharashtra Public Trusts Act.
(3.) Survey No.15 to the extent of 3 acres 6 gunthas, situated at Kesarsingpura, Aurangabad is dedicated to the temple and is a trust property. It is recorded in Schedule I of the register of Public Trust. Appellant/Trust filed Trust Suit No. 4 of 2010 against the defendants therein before the District Court, Aurangabad for cancellation of lease deed, dated 28.3.1973 and for recovery of possession of the trust property. Defendant no.1 caused appearance in the suit and filed its say and written statement. The learned District Judge framed issue of jurisdiction, which was tried as a preliminary issue. Upon hearing the parties, the learned District Judge, Aurangabad has passed an order, dated 8.11.2016 and the suit is dismissed for want of jurisdiction. Hence, the present appeal.;


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