Bombay High CourtWP/5056/2014dismissedrule discharged

Mansoorbhai Fazalhussain And Anothers v. Eknath Darmaji Nimgade And 3 Others

2015-09-14Hon'Ble Shri Justice Z.A. Haq3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5056/2014 Mansoorbhai Fazalhussain and another ..Versus..

Eknath Darmaji Nimgade and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 14.9.2015 None for the petitioners. Heard Shri M.R. Johrapurkar, advocate for respondent no.1 and Ms. Smita Dashputre advocate h/f Ms. Deepali Zanzad advocate for respondent no.3. Petition is dismissed in default against the respondents 2 and 4. The petitioners have challenged the interlocutory order passed by the learned District Judge on the application (Exh. No.5) rejecting the prayer for granting stay to the effect, operation and implementation of the order passed by the learned Joint Charity Commissioner. The learned Assistant Charity Commissioner rejected the Change Report filed by the respondent no.1 (reporting trustee). The learned Joint

2 wp5056.14 Charity Commissioner, allowed the appeal filed by the respondent no.1, by the order dated 30th April, 2014 and accepted the change intimated by the Change Report No.471/2003. The order passed by the learned Joint Charity Commissioner has been challenged by the petitioners before the District Court in Appeal under Section 72(1) of the Maharashtra Public Trusts Act, 1950. Along with the appeal, the petitioners filed an application praying for stay to the effect, operation and implementation of the order passed by the learned Joint Charity Commissioner. The learned District Judge has rejected the application filed by the petitioners, by the impugned order. The petitioners being aggrieved in the matter, have filed this writ petition.

The learned District Judge, after considering the relevant provisions has judiciously exercised his discretion and has rejected the application filed by the petitioners praying for stay to the effect, operation and implementation of the order passed by the Joint Charity Commissioner.

3 wp5056.14 order passed by the Joint Charity Commissioner. I do not see any reason to interfere with the exercise of discretion by the learned District Judge. The petition is dismissed. In the circumstances, the parties to bear their own costs.

JUDGE Tambaskar.