VISHNUBHAI BABABHAI THAORE Vs. CHARITY COMMISSIONER

JUDGEMENT

(1.) Since common point is involved in both these appeals, both these appeals are disposed of by this common judgment with the consent of the parties.

(2.) Both these appeals are filed under section 47.B of the Bombay Public Trusts Act, 1950 [for brevity, hereinafter referred to as the Act]. It is pointed out by the advocates that though it is stated in the memo of appeal that the appeals are filed under section 72 (4) of the Act, the same are as such filed under section 47.B of the Act.

(3.) These appeals are directed against the judgment and order passed by the learned 2nd Additional District Judge, Ahmedabad Rural on 31st January 2006 in Civil Misc. Application No. 53 of 2001 filed by Pravinchandra Hargovinddas Patel and Ambalal Labshankar Pandya against the Charity Commissioner under section 47 of the Act. The said Pravinchandra Hargovinddas Patel and Ambalal Labshankar Pandya are respondents No. 2 and 3 in First Appeal No. 431/06 and No.1 and 2 in First Appeal No. 580/06. By the aforesaid order dated 31st January 2006, learned 2nd Additional District Judge, Ahmedabad Rural, allowed application Exh.14 whereby Manilal Ambalal Patel was appointed as Committee Member in the vacancy created by the death of Bhailalbhai Dahyabhai Patel, and rejected application Exh. 30 filed by Vishnubhai Babubhai Thakore [respondent No.5 in FA No. 580/06] for being appointed so.