MILIND MANIKRAO DOLARE Vs. MUKUNDWADI COOP. HOSING SOCIETY LTD
HIGH COURT OF BOMBAY
Milind Manikrao Dolare
Mukundwadi Coop. Hosing Society Ltd
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(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
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