Jude Clement Vaz S/O Late Jerome Xavier Vaz v. Anthony Gonsalves And ORS.

502-FA-ST-11650-2023.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL [STAMP] NO.11650 OF 2023 A/W INTERIM APPLICATION NO.4734 OF 2023 IN FIRST APPEAL [STAMP] NO.11650 OF 2023 Jude Clement Vaz ] Appellant Vs.

Anthony Gonsalves and others ] Respondents .....

Mr. Abhishek Tripathi, for Appellant.

Mr. Bhavin Gada a/w Mr. Hitesh Solanki i/b Manoj & Ashok Association, for Respondent.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 23rd August, 2023.

P.C.

1.

The impugned order dated 16th February, 2023 in Application No.392 of 2019 has been passed by the Joint Charity Commissioner-1 Maharashtra State, Mumbai under Section 47 of the Maharashtra Public Trusts Act, 1950. Respondent therein was one Jerome Xavier Vaz.

2.

The appellant herein was not a party before the Joint Charity Commissioner in Application No.392 of 2019.

SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2023.08.25 11:41:59 +0530

502-FA-ST-11650-2023.doc 3.

The appellant claims to be the son of deceased Jerome Xavier Vaz, however, name of the appellant is Jude Clement Vaz wherein father of the appellant is different than the original respondent whose name was Jerome Xavier Vaz.

4.

Reasons given by the learned Joint Charity Commissioner in paragraph 13 of the impugned judgment are correct and proper. Prima facie, it appears that the appellant has no locus standi to file the appeal against the impugned judgment and order. The appeal is, therefore, dismissed.

5.

In view of dismissal of the appeal, Interim Applications, if any, stand disposed of.

[PRITHVIRAJ K. CHAVAN, J.]