Sanjay S/O Dharamchandra Walali And Others v. Rupchand Gulabsa Jain And Others

928 wp1184.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1184 OF 2021 Sanjay s/o Dharamchandra Walali and others Vs.

Rupchand Gulabsa Jain and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Dr. Smt. R.S. Sirpurkar, Advocate for petitioners. Shri S.M. Ukey, Addl. GP for respondent No.5. CORAM : V.M. DESHPANDE, J.

DATE : 3 rd MARCH, 2021.

Heard Dr. Smt. R.S. Sirpurkar, learned counsel for the petitioners.

(2) By this writ petition, the petitioners are challenging the order dated 11.12.2020 passed by the Incharge Assistant Charity Commissioner, Washim, below Exhibit-30 in Change Report Inquiry No.428 of 2015. (3) The learned counsel for the petitioners submits that the petitioners and respondents are the reporting trustees. Respondent no.2 is elected as a Secretary. (4) Be that as it may, she submits that during the pendency, respondent nos. 1 and 2 have changed their stand. The objections were already filed. The parties are yet to open their case by adducing evidence is the submission made by the learned counsel for the petitioners. At this stage

928 wp1184.21.odt respondent raised additional objection opposing the change report. It is submitted that the Incharge Assistant Charity Commissioner ought not to allow the additional objections. This writ petition is pertaining to permission being given to the respondents to file the additional objection. (5) In my view, since the parties have not opened their cases through evidence, no prejudice will cause to the petitioners if additional objections are allowed to place on the record. No error is committed by the Incharge Assistant Charity Commissioner, Washim. Hence, the writ petition is dismissed. No order as to costs.

JUDGE Wagh