UMESH D KARKERA Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) Heard learned Advocate Mr.S.P.Majmudar for the petitioners, learned Advocate Mr.Harshadray A.Dave, appearing on caveat, for respondent No. 2 and Mr.N.K.Majmudar for respondent No.3

(2.) The facts of the case are very strange. Respondent No.2 herein Mukeshbhai Mohanbhai Jariwala is guardian of two children, who are studying in a school (New Model High School) run by Adarsh Education Society. He is claiming to be the beneficiary of the Trust. He filed an application being Misc.Application No.32 of 2009 under Section 41A of the Bombay Public Trusts Act ( the Act , for short) before the learned Joint Charity Commissioner, Surat, making various averments and praying that, respondent Nos.5 and 6 in that application being Kanaiyalal Champakbhai Chevli, President of New Ashirvad Co-Op. Housing Society Ltd. and Rajendrakumar Manilal Patel, Secretary of Ashirvad Co-Op. Housing Society Ltd. may not sale, mortgage, gift, transfer or assign the land bearing revenue survey No.44 paiki admeasuring 3106.59 sq. ft. in collusion with respondent Nos.1 to 4 of that application, who are the Trustees of Adarsh Education Society. This application was filed on 11.11.2009. By judgment and order dated 14.09.2010, learned Joint Charity Commissioner allowed that application. That judgment and order dated 14.09.2010 is under challenge in this petition.

(3.) The matter requires consideration.