Kiran Shesharao Gaikwad And Others v. Murhari Ramrao Gaikwad And Others

1049wp14727.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 1049 WRIT PETITION NO. 14727 OF 2023 WITH WRIT PETITION NO. 15503 OF 2023 WITH CIVIL APPLICATION NO. 6980 OF 2024 IN WP/14727/2023 WITH CIVIL APPLICATION NO. 9101 OF 2025 IN WP/14727/2023 PADMAKAR VINAYAKDEO ASHTEKAR DECEASED AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE PRINCIPLE SECRETARY AND OTHERS ...

Advocate for the Petitioners : Mr. P.R. Katneshwarkar i/by Mr. Rathod Abhay Rajaram AGP for Respondents: Mr. R.B.Dhaware Advocate for Respondent Nos. 2 to 7 : Mr. Kodale Vikas G. ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATE : 10.12.2025 PER COURT :

1.

Heard the learned Counsel for the respective parties. 2.

By way of the present petition, the petitioner assails the orders dated 06.06.2023 passed below Exhibit-1 in Appeal No. 83 of 2019 and Exhibit 14 in appeal No. 129 of 2019 by the Joint Charity Commissioner, Latur Region, Latur.

3.

Learned Counsel for the petitioners submit that during earlier round of the litigation the scheme was framed and after registration of the trust, the said scheme was assailed and proceeding went up to this Court.

1049wp14727.23 4.

Now the proceedings are pending before the Joint Charity Commissioner, Latur, therefore, without going into the merits of the matter, it is desirable to direct the petitioner to file appropriate application before the Joint Charity Commissioner, Latur. 5.

By keeping all the issues open, all the respective parties are directed to file an application for amendment of their pleadings. 6.

In view thereof, the Writ Petitions are disposed of. 7.

As per Clause 3 of the order dated 04.12.2023, an interim stay is in operation, which is reproduced here in below : " 3. In the meantime, there shall be stay to operation of clause No. 4 and 5 of impugned order dated 06.06.2023 on condition that the petitioners shall not take any decision and maintain accounts of expenses. " 8.

The interim order dated 04.12.2023 to continue till the Joint Charity Commissioner, Latur decides the matter on its own merit. 9.

Both the parties requested for direction to the Joint Charity Commissioner, Latur to decide the proceeding within a stipulated period. In view thereof, the Joint Charity Commissioner, Latur to decide the proceeding within a period of 6 months from today. 10.

Consequently, all pending Civil Applications are are disposed of.

(SIDDHESHWAR S. THOMBRE, J.) mahajansb/