Sarojini Educational And Cultural Foundation, Hupari Through Managing Trustee v. Prataprao Baburao Kate Through Poa Holder Samarsinh P. Kate

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8613 OF 2015 ...

Sarojini Educational & Cultural Foundation & Ors. ....Petitioners V/S Prataprao Baburao Kate & Ors.

....Respondents ...

Mr. Sandeep S. Koregave for the Petitioners.

Mr. Karan J. Thorat, AGP for Respondent No.3/State. ...

CORAM : A.A. SAYED & RIYAZ I. CHAGLA, JJ.

DATE : 25 AUGUST 2021 ORDER:

The Petitioners have impugned the order dated 10 June 2015 of the Assistant Charity Commissioner, Kolhapur, in Inquiry Application No.57 of 2015 under section 41-A of the Maharashtra Public Trusts Act, 1950. By the impugned order, the said Inquiry Application was allowed and directions were given by the Assistant Charity Commissioner to the Petitioners 'to hold a meeting' for accepting the resignation of the Respondent No.1-Prataprao Baburao Kate as Trustee and appointing his son as Trustee. Learned Counsel for the Petitioners states that the Respondent No.1 Prataprao Baburao Kate has passed away. He has placed on record a copy of Death Certificate of Respondent No.1-Prataprao Baburao Kate. It is noted that the Inquiry Application was filed on behalf of Respondent No.1 by his son as the Constituted Attorney. Inasmuch the 1/2

k 2/2 1 wp 8613.15 as.doc Respondent No.1-Pratap Baburao Kate who was a Trustee has died, the question of holding a meeting to 'accept his resignation' does not arise. So far as the appointment of the son of the Respondent No.1-Prataprao Baburao Kate as a Trustee is concerned, that would be regulated by the Trust Deed. In view of the aforesaid subsequent event the impugned order is rendered infructuous.

In the circumstances, no orders are required to be passed in the Petition. The Petition is accordingly disposed of by keeping the remedies of the son of Respondent No.1-Prataprao Baburao Kate open. (RIYAZ I. CHAGLA, J.) (A.A. SAYED, J.) katkam SUDARSHAN RAJALINGAM KATKAM Date: 2021.09.06 16:17:21 +0530 SUDARSHAN RAJALINGAM KATKAM 2/2