Baban Gangadhar Kolse Patil And ORS. v. The Asst. Charity Commissioner, Solapur And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11827 OF 2015 Baban Gangadhar Kolse Patil & Ors.

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Petitioners

Versus

The Asstt. Charity Commissioner, Solapur and Ors.

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Respondents Mr. Rohan Kelkar with Mr. P.M.Jadhav for petitioners in W.P.11827 of 2015 Mr.S.A. Tarate for respondent No.2 Mr. S.B.Kalel, AGP for State.

WITH WRIT PETITION NO.10332 OF 2015 Bajarang Sambhaji Bagal & Anr.

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Petitioners

Versus

Inspector, Charity Commissioner Mumbai and Ors.

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Respondents Mr. N.Y.Chavan for petitioners Mr. Rohan Kelkar with Mr. P.M.Jadhav for respondent Nos. 4 to 6 Mr.S.B.Kalel, AGP for State.

CORAM

:

SHANTANU S. KEMKAR & ANUJA PRABHUDESAI, JJ.

DATE :

30th October 2017.

P.C.

We have heard the learned Counsel for the parties at

length.

2] Having considered their submissions, on the basis of broad consensus arrived at during the course of hearing, we dispose of both these petitions by modifying the impugned judgement dated 28th April 2014 passed by the Dist. Judge -II, Pandharpur in Civil Miscellaneous Appeal No.9 of 2011 to the extent that the names of the original trustees in clause (vii) of the scheme be recorded and read as :- (i) Yashwant Tukaram Shinde;

(ii) Dr. Madhavrao Vitthalrao Suryavanshi;

(iii) Bhausaheb Govindrao Jadhav;

(iv) Kunji Premji Joshi; and (v) B.G. Kolse-Patil and so far as existing Trustees are concerned their names be read and recorded as:- (i) Dr. Madhavrao Vitthalrao Suryavanshi;

(ii) Bhausaheb Govindrao Jadhav;

(iii) Baban Gangadhar Kolse- Patil 3] We also make it clear that this order so far as recording of names of existing trustees shall be subject to the final order as may be passed in First Appeal No.1649 of 2013 and 1651 of 2013. 3] With the aforesaid modification in the impugned order, these petitions are disposed of.

(ANUJA PRABHUDESAI, J) ( SHANTANU S. KEMKAR, J.)