SHIVALINGAPPA MURIGEPPA KADI Vs. SHIVAYOGAPPA

JUDGEMENT

(1.) The Division Bench by an order made on 18-7-1989, has referred the following question of law for the opinion of the Full Bench:

(2.) A few facts that are necessary for answering the question referred to the Full Bench are as follows:

(3.) Aggrieved by the said order, the appellant presented an application under Section 72 of the Act before the learned District Judge, Bijapur, contending, inter alia, that though no period of limitation was fixed for entertaining a Revision Petition arising under Section 70A of the Act, the power could be exercised only within a reasonable time and therefore the Charity Commissioner was not justified in entertaining the Revision Petition after 25 years after the registration of the temple as a public trust and setting aside the order of the Assistant Charity Commissioner and remitting the matter for fresh enquiry. The learned District Judge dismissed the application on the ground that the Charity Commissioner had not only set aside the order of the Assistant Commissioner but had also remitted the matter for fresh enquiry and therefore the order of the Charity Commissioner was not a decision at all, within the meaning of that expression used in Section 72 of the Act and therefore the application was not maintainable, in view of the ruling of the Division Bench of this Court in the case of SAYYAD SULTAN v. ABDUL AZIZ SAHEB 1964(1) Mys.L.J. 565: ILR (Kar) SNRD 147.