Radhabai Vithabai Yashwantrao Holkar Trust Thr. Its Trustee And ANR v. Ayodhyabai Jyotirao Suryavanshi And ORS

28 Wp-17303-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17303 OF 2024 AND WRIT PETITION NO. 17305 OF 2024.

Radhabai Vithabai Yashwantrao Holkar Trust and Another.

...Petitioners.

Versus

Ayodhyabai Jyotirao Suryavanshi and Others.

...Respondents.

------ Mr. S. S. Panchpor, Mr. Aashay Rabade and Ms. Pradnya Borhade for the Petitioner.

Ms. S. D. Chipade, AGP for Respondent-State in WP No. 17303 of 2024. Mr. Kedar Dighe, Addl. Govt. Pleader and Ms Savita Prabhune, AGP for Respondent-State in WP No.17305 of 2024.

------ Coram : Sharmila U. Deshmukh, J.

Date : December 4, 2024.

P. C. :

1.

Heard.

2.

The Application challenging the maintainability of the Application filed under Section 47 of the Maharashtra Public Trusts Act, 1950 [for short, "the Trusts Act"] came to be rejected. The contention of learned counsel for the petitioner is that the definition of the expression "persons interested" take within its fold person having interest in the affairs of the Trust and not the property of the Trust. He submits that Respondent Nos.1 to 5 who were the Applicants before the Charity Commissioner are the tenants and not the persons Sairaj 1 of

28 Wp-17303-2024.doc interested within the definition of Section 2(10) of the Trusts Act. 3.

Issue Notice to the Respondents returnable on 15th January, 2025. Learned AGP waives notice for Respondent No.6. [Sharmila U. Deshmukh, J.] Sairaj 2 of