KARSAN BHIMA Vs. JOINT CHARITY COMMISSIONER RAJKOT

JUDGEMENT

(1.) THE present petition is preferred by the petitioner for the appropriate directions to quash the proceeding of Misc. Application No. 17/94 pending before the Joint Charity Commissioner, Rajkot, under Section 41a of the Bombay Public Trusts Act.

(2.) IT further appears that the proceedings before the Charity Commissioner of Misc. Application No. 17/94 arouse on account of the application filed by one Mohan Meghji and the prayer made in the application is that, since one of the Trustee Ambabhai Gigabhai has expired, in his place, Bhagat Gopalbhai Gigabhai be inducted as Trustee. Since the Charity Commissioner initiated the proceedings, based on such application, the petitioner has approached to this Court for quashing of such proceedings.

(3.) WHEN the matter is taken up for final hearing, Mr. Mehul Shah for Mr. S. M. Shah declared before the Court that the Bhagat Gopalbhai Gigabhai has also expired pending the petition. Therefore, as a result thereof, even otherwise also, now he cannot be appointed as the Trustee.