Bhagwan Krishna Patil v. Vijay Krishna Chougule And ORS.

74.wp11530.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11530 OF 2017 Bhagwan Krishna Patil.

... Petitioner.

Versus

Vijay Krishna Chougule & ors.

... Respondents.

--- Mr. S.S. Patwardhan i/b. Mr. Bhooshan R. Mandlik, advocate for petitioner.

Mr. A.R. Metkari, AGP for respondent No. 5.

--- CORAM : SMT.SADHANA S. JADHAV,J DATE : NOVEMBER 13, 2017 P.C.:

The Petitioner herein is the original respondents before the proceedings wherein change report has been disputed before the Deputy Charity Commissioner at Kolhapur. The Petitioner herein had filed application on 14/9/2017 seeking witness summons to Shri Ramchandra Mudhale, who was outgoing President of the trust. The said witness summons has been rejected by an order dated 14/9/2017.

Talwalkar 1/2

74.wp11530.17 Upon perusal of the application and the order, it is apparent that the Petitioner had not carved out the special reasons for issuing witness summons to Shri Ramchandra Mudhale and had neither stated the points on the issue to be examined as witness. In view of this, learned Court has held that no sufficient cause for the omission to mention the name of such witness in the earlier list is shown and has held that proposed witness has no significant role in the election of office bearers being his not elected. In view of this, no interference is called for in the order dated 14/9/2017. However, the Petitioner is granted liberty to file fresh application for issuing witness summons for Mr. Mudhale. The said application be heard on merits provided that the Petitioner makes sufficient cause for issuing witness summons. With these observations, the petition is disposed of. (SMT. SADHANA S. JADHAV,J) Talwalkar 2/2