BHANUDAS MADHAVRAO DESHMUKH Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) Modern Education Society, Parli Vaijnath, was formed on 7.8.1971. There were 12 trustees and the Trust Scheme, by amendment dt. 1.9.1984, put a cap and ceiling on number of General Body members to be 12. It is a matter of record, now only one Trustee Shri Bhanudas (appellant) is alive. One of the applicant Rajesaheb expired in Nov., 2007 and another Trustee Shamrao expired on 6.11.2005.

(2.) Rajesaheb Deshmukh, Shamrao Deshmukh and Nandkishore Jaju made the application to Assistant Charity Commissioner on 24.6.2005, vide enquiry number 722/2005. Bhanudas and others filed objection to the change report. On hearing, the Assistant Charity Commissioner, by order dt. 9.3.2006, allowed the application Enquiry No. 722/2005 and framed new scheme and appointed new committee. These orders were tested by Bhanudas and others before Additional District Judge, Ambejogai, in Miscellaneous Civil Application No. 22 of 2006. The learned Additional District Judge, on hearing both the sides, by his order dated 15.12.2007, dismissed the application. This gave rise to file Second Appeal on 10.3/2008. On hearing the Counsel, by order dated 7th July, 2008, this Court admitted the appeal by formulating following, substantial questions of law:

(3.) In Civil Application No. 3138/2008, ad interim relief in terms of prayer Clause 'B' was granted with notice to respondents. This situation gave rise to numerous proceedings. I do not wish to advert to them, since such proceedings and orders have no decisive bearing to the appeal.