Shri. Ganga Bhagirathi Shikshan Prasarak Mandal Thr. De-Facto Trustee Sampatrao R. Patil And ORS. v. Sushant Sarjerao Bachhe And ORS.

10-IA-9485-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION FIRST APPEAL [STAMP] NO.20025 OF 2025 WITH INTERIM APPLICATION NO.9485 OF 2025 IN FIRST APPEAL [STAMP] NO.20025 OF 2025 Shri Ganga Bhagirathi Shikshan Prasarak Mandal through De-facto Trustee; 1) Shri Sampatrao Ramrao Patil and others ... Applicants

Versus

Sushant Sarjerao Bacche and others ... Respondents *** Mr. Bhushan Walimbe a/w Mr. Vaibhav V. Arage, for Appellants/Applicants in Interim Application No.9485 of 2025.

Mr. Chetan Patil a/w Mr. Rajvardhan S. Rane i/b Mr. Bhushan Jadhav, for the Respondents.

*** by SHAILAJA SHRIKANT HALKUDE Date:

2026.03.31 13:03:24 +0530 SHAILAJA SHRIKANT HALKUDE

CORAM

: M. M. SATHAYE, J.

DATE : 30th March, 2026.

P. C. :

1.

Learned Advocate Mr. Bhushan Jadhav undertakes to file vakalatnama for Respondent Nos.7 to 9 within a period of one week from today. Statement accepted.

2.

Learned counsel Mr. Patil for Respondents fairly concedes, on instructions, that directions issued under the impugned order dated 23.04.2025 passed by the Joint Charity Commissioner, Kolhapur Region, Kolhapur were beyond the scope of section 47 of the Maharashtra Public Shailaja

10-IA-9485-2025.doc Trusts Act, 1950 ('the said Act' for short) under which impugned order is passed.

3.

In view of the said statement, the Appeal is allowed, thereby setting aside the impugned order dated 23.04.2025 and remanding Application No.9 of 2021 to the concerned Joint Charity Commissioner for consideration afresh in accordance with law.

4.

Rival contentions of all the parties in the main Application under section 47 of the said Act are kept open to be decided in accordance with law. 5.

Considering the order dated 02.04.2025 passed in Writ Petition No.10894 of 2022 by the Division Bench of this Court, in respect of the same Trust, the concerned Deputy Charity Commissioner, Kolhapur Region, Kolhapur is expected to decide pending Change Reports as expeditiously as possible.

6.

In view of above, pending Interim Application is disposed of. 7.

this order.

[ M. M. SATHAYE, J. ] Shailaja