← Library
Bombay High CourtWP/5112/2021dismissed

Manik Bansilal Pachade v. Adinath Swami Digamber Jain Sansthan, Thr. Managing Trustee And President Satish S/O Yesu Sangai,

2022-07-28Hon'Ble Shri Justice Avinash G. Gharote2 pages

2807 WP 5112 of 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5112/2021 Manik Bansilal Pachade @ Narad ...Versus...

Adinath Swami Digamber Jain Sansthan also known as Babji Maharaj Digamber Mandir Sansthan, Bhatkuli, Dist. Amravati through its Managing Trustee and President - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ Shri U.P. Deopujari, Advocate for petitioner Shri M.R. Joharapurkar, Advocate for respondent - CORAM : AVINASH G. GHAROTE, J.

DATE : 28/07/2022 1.

This petition raises a challenge to the order dated 14/09/2020, whereby the application filed by the defendant for rejection of the plaint has been rejected. The grounds raised for rejection are based on Order VII Rule 11 (a), (b) and (c) of the Code of Civil Procedure (for short, "the CPC" hereinafter).

2.

In view of the order dated 14/12/2021, the challenge regarding Order VII Rule 11 (a) and (b) of CPC is no longer available. Insofar as the plea regarding Order VII Rule 11 (d) of CPC is concerned, which is based upon the

2807 WP 5112 of 2021.odt provisions of Section 51 of Maharashtra Public Trusts Act, the issue is clearly covered by the Full Bench judgment of this Court in Shyamabai Surajkaran Joshi and others Vs. Madan Mohan Mandir Sanstha, 2010 (1) Bom. C.R. 294, considering which, I do not see any reason to interfere in the impugned order. The writ petition is accordingly dismissed. No costs. (AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR