VISHWANATH S/O WAGHOBAJI RAUT Vs. MADHUSUDHAN S/O BALCHANDRA DESHMUKH

JUDGEMENT

(1.) Heard Shri Bhattad for the appellants, and Shri Somalwar for the respondents.

(2.) This Court had, by an order dated 31st October, 2007 issued notice to the respondents asking the respondents to show cause as to why the order passed by the Joint Charity Commissioner should not be modified and the remand be ordered for an enquiry into the induction of only two trustees and not the other three who were, admittedly, not parties before the Joint Charity Commissioner.

(3.) On receipt of the notice, and after securing instructions from the respondents, a statement is made on behalf of the respondents who were the revision applicants before the Joint Charity Commissioner that they have no objection if their case is considered for appointment in places of Mohansao Katyarmal, Ramesh Adhao and Ramdas Mahajan. By the order dated 10/12/1999, the Assistant Charity Commissioner had allowed the application filed by the applicants along with other trustees for registration of the trust and for inclusion of their names as trustees and names of the applicants along with the other three trustees were entered in the Register as Trustees. The respondents raised an objection to the appointment of the trustees by name Vishwanath Raut, Ramesh Adhao and Ramdas Mahajan, as, according to them, they were removed from the office of the trustee-ship as they were not taking interest in the trust and the respondent no.1- Madhusudan Deshmukh was appointed in place of Shri Mohansao Katyarmal who had expired on 28/2/1998. While allowing the revision application filed by the respondents, the Assistant Charity Commissioner was directed to enquire into the issue as to who were the trustees of the trust in question.