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Bombay High CourtCAF/1931/2016

Mr. Tulshiram Mhataraji Patil v. Mr. Suresh Vishvanath Patil And ORS.

2020-03-13Hon'Ble Shri Justice M. S. Karnik2 pages

16. caf 1931-16.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. ST. NO. 1256 OF 2016 WITH CIVIL APPLICATION NO. 1931 OF 2016 IN FIRST APPEAL NO. ST. NO. 1256 OF 2016 Tulshiram Mhataraji Patil ..Applicant vs.

Suresh Vishvanath Patil & ors.

..Respondents ...........

Mr. P.N. Joshi for the appellant/applicant.

...........

CORAM : M.S.KARNIK, J.

DATE : 13 MARCH 2020 P.C.:- Heard learned counsel for the appellant/applicant. 2.

Learned counsel Shri Joshi in all fairness pointed out that in terms of the impugned order dated 20 July 2015 passed by the Joint Charity Commissioner, Nashik Region, the period of three years during which the respondents were appointed as trustees is over. Therefore, nothing survives for consideration in the present appeal. He further makes a grievance that though the period has expired, the trustees still continue. He says that they have not 1/2

16. caf 1931-16.doc made any improvements in the affairs of the trust and also not properly managing the affairs of the trust. He states that a representation has been made on 30 July 2018 bringing this fact to the notice of the Joint Charity Commissioner. Though the said representation cannot be a subject matter of the present appeal, but since the representation has already been made, I do not see any reason why the Joint Charity Commissioner, Nashik would not look into the representation if the same is brought to his notice by the appellant/applicant.

3.

With these observations, the appeal is disposed of as infructuous.

4.

In view of the disposal of the appeal, nothing survives for consideration in the civil application. The civil application is disposed of.

(M.S.KARNIK, J.) Digitally signed by Diksha Rane Date:

2020.03.13 17:36:21 +0530 Diksha Rane 2/2