NIMESH RAJENDRA SHARMA Vs. JAYENDRA LAXMISHANKER PATHAK

JUDGEMENT

(1.) THE petitioner has preferred the petition for challenging the order dated 30. 04. 1998 passed by the Joint Charity Commissioner below application under Section 41a of the Bombay Public Trusts Act (hereinafter referred to as 'the Act'), whereby, he has vacated the earlier interim order passed by him below application Exh. 4 and he further observed that until proper orders are obtained or granted in the proceedings First Appeal No. 279/91 pending before this Court, the applicant shall not participate as the Trustee in the Trust.

(2.) HEARD Mr. Vyas for the petitioner. Mr. Merchant for the Joint Charity Commissioner.

(3.) IT appears that it is an admitted position that in respect to the very Trust, the Scheme has been framed by the Charity Commissioner and the Scheme, thereafter was challenged in the Higher Forum, and ultimately, those proceedings were also came to be concluded by confirmation of the Scheme. It is also an admitted position that the matter being First Appeal No. 279/91 is pending before this Court, wherein the legality and validity of the Scheme is challenged.