SHYAMABAI SURAJKARAN JOSHI Vs. MADAN MOHAN MANDIR SANSTHA

JUDGEMENT

(1.) Heard Shri Gilda, learned Counsel for the appellants, and Shri Mohta, learned Counsel for the respondent in Second Appeal No. 116/1998, as well as Shri Gordey, learned Counsel for the petitioner and Shri Chopde, learned Counsel for the respondents in Writ Petition No. 3749/2008.

(2.) Justice A. B. Chaudhari in view of conflicting decisions of the learned Single Judges of this Court in the writ petitions thought it appropriate to refer the controversy in issue to the larger Bench and, therefore, vide order dated 6.8.2009 passed in Second Appeal No. 116/1998 referred the following questions for determination to the Full Bench :

(3.) So far as reference made by Justice A.B. Chaudhari in second appeal as well as Justice C.L. Pangarkar in writ petition is concerned, the Trusts in question are the "Public Trusts" registered under the Bombay Public Trusts Act, 1950 and are not the Societies formed either for religious or charitable purpose or for both and are not registered under the Societies Registration Act, 1860.