Sainath Laxman Desai v. Ashok Sambhaji Teli Alias Dhamapurkar And ORS.

33-513-2021-FA=.doc Digitally signed by UDAY SHIVAJI JAGTAP Date:

2023.07.21 12:10:52 +0530 Uday S. Jagtap UDAY SHIVAJI JAGTAP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 513 OF 2021 WITH INTERIM APPLICATION NO. 3140 OF 2021 IN FIRST APPEAL NO. 513 OF 2021 Sainath Laxman Desai .. Appellant Vs.

Ashok Sambhaji Teli alias Dhamapurkar & Ors.

.. Respondents .....

Mr. A.S. Khandeparkar, Senior Counsel a/w Mr. Amogh K. Karandikar, Mr. Rushikesh G.Bhagat i/b Khandeparkar & Associates for the appellant Ms. Ayodhya Patki i/b Maheshwar Parab for respondent nos. 1, 2, 3 and 5 .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 19th JULY, 2023 P.C.

1.

Learned Counsel for the appellant as well as the respondent nos. 1, 2, 3 and 5 are ad idem to remit the case to the Joint Charity Commissioner by setting aside the impugned order dated 9th March, 2020.

33-513-2021-FA=.doc 2.

As such, the impugned order dated 9th March, 2020 passed by the Joint Charity Commissioner is quashed and set aside. 3.

The matter is remitted back to the Joint Charity Commissioner to decide the application under Section 47 afresh by giving due opportunities to the parties and also by considering Clause (a), Sub-Section 3 of Section 47 of the Maharashtra Public Trust Act in view of the fact that a Will executed by the testator of which a reference has already been made in the impugned order. 4.

The appeal is disposed of in the aforesaid terms with no order as to costs.

5.

In view of the disposal of the appeal, pending application does not survive and the same is disposed of. (PRITHVIRAJ K. CHAVAN, J.)