SHERSINGH Vs. SARDAR JEEWANSINGH

JUDGEMENT

(1.) APPELLANTS herein are raising exception to the order passed by District Judge -2, Nanded on 03.10.2009 in appeals RJE Nos.38/2007 and 68/2007, respectively.

(2.) THE facts, giving rise to the dispute, can be narrated in nut -shell, as below :

(3.) AFTER remittance of the matter back to the Assistant Charity Commissioner, notices were published, as directed and objections were received. There were objections by Shersingh at Exhibit -65. Objections were also received from Rachpalsingh Sahu, Mohansingh Bhujan Singh, Indrajitsingh Galliwale and those were marked as Exhibits -68, 70 and 72, respectively. One Mohansingh Madadgar and others also filed objection, which was marked as Exhibit -127. It transpires that during pendency of proceedings, applicant Jeevansingh died and Gurucharainsingh was permitted to prosecute the matter as an applicant. He claimed himself to be the Pradhan of Diwan. As stated earlier, objection petitioner Shersingh had also presented separate application for registration of Diwan, being Inquiry No.226/2001. According to Shersingh, applicant Jeevansingh had no locus standi to submit application for registration of Diwan. According to him, in the year 1979, one Bhujangsingh was the Pradhan of Diwan and Amarsingh Bungai was the Secretary. The office bearers of Diwan held election in the year 1979. One Sundersingh was appointed as Election Officer to conduct elections wherein Bhujangsingh was elected as Pradhan. However, Change Report, to that effect, was not presented. But the fact remains that Bhujangsingh was Pradhan of Diwan. The objection petitioner, as such, presented a separate application for registration of the Trust. There were also objections raised by Rajpalsingh, Mohansingh Madadgar and others.