Jagannath Narhari Khose v. Padmakar Raosaheb Khose And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7636 OF 2013 WITH CIVIL APPLICATION NO. 13111 OF 2013 Jagannath Narhari Khose .. Petitioner

Versus

Padmakar Raosaheb Khose and others .. Respondents Shri S. J. Salunke, Advocate for the Petitioner. Shri D. M. Mane, Advocate for Respondent Nos. 1 and 10. The Respondent Nos. 2 to 9 are deleted.

Shri M. B. Bharaswadkar, A.G.P. for Respondent Nos. 11 and 12. Shri S. K. Kadam, Advocate for the Intervenors. WITH CIVIL APPLICATION NO. 13110 OF 2016 IN WRIT PETITION NO. 7636 OF 2013 Sudamrao S/o Govindrao Khose and others.. Applicants

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Jagannath Narhari Khose and others .. Respondents Shri S. K. Kadam, Advocate for the Intervenors/Applicants. Shri S. J. Salunke, Advocate for the Respondent No. 2. Shri D. M. Mane, Advocate for Respondent Nos. 3 and 11. Shri M. B. Bharaswadkar, A.G.P. for Respondent Nos. 13 and 14. CORAM : S. V. GANGAPURWALA AND K. L. WADANE, JJ.

2 wp 7636.13 DATE : 21ST OCTOBER, 2016.

PER COURT :

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We have heard Mr. S. J. Salunke, the learned counsel for the petitioner, Mr. Mane, the learned counsel for respondent Nos. 1 and 10, the learned Assistant Government Pleader for respondent Nos. 11 and 12 and Mr. Kadam, the learned counsel for the intervenors, who has filed application for intervention. 2.

The application for intervention is apposed by Mr. Salunke, the learned counsel for the original writ petitioner. 3.

We need not dilate on the merits of the matter as the basic prayer of the petitioner is that, there are various proceedings pending before the Assistant Charity Commissioner, so also appeal before the Joint Charity Commissioner ought to be decided expeditiously. The same are pending since the year 2004, 2006, 2007 and onwards. One more prayer is made that the petitioner be permitted to look after the affairs of the trust namely Lokmanya Shikshan Sanstha, Vijora, Tq. Washi. It is for the parties to make appropriate application before the office of the A.C.C./Jt. C. C. or such other authority seeking such reliefs, as it is for the office of the A.C.C./Jt. C. C., who would exercise the jurisdiction in this regard. The petitioner is at liberty to make such an application before the authority concerned.

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Considering the fact that, there are various enquiries pending, it would be appropriate for the A.C.C./Jt. C. C. to make an endeavour to dispose of said proceedings expeditiously so as to resolve the dispute amongst the parties of the trust. 5.

We accordingly dispose of the writ petition with aforesaid observations and directions. No costs.

6.

In view of disposal of writ petition, the civil applications also stand disposed of.

[ K. L. WADANE, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Oct. 16