MURLIDHAR HARIBHAU NIMJE Vs. BHAGWAN DINBAJI JAMBHULE

JUDGEMENT

(1.) This Second Appeal takes exception to the judgment and order dated 23.8.2010 passed in Misc. Civil Application Nos.7/2010, 8/2010, 9/2010 and 16/2010. By the said order, Misc. Civil Appeal No.7/2010 was allowed. The order of the Assistant Chanty Commissioner dated 14th February, 2010 of partly allowing scheme application No. 126/2007 came to be set aside and the scheme application no.243/2009 came to be partly modified so as to include three persons in place of one Nathu Mahadeo Ghughal. Timmbak Badkar and Vijay Murkute as adhoc trustees.

(2.) The genesis of the dispute involved in the above proceedings lie in the application filed under Section 41-D of the Bombay Public Trusts Act, 1950. The said application was filed by one Nimje which came to be allowed by the Assistant Charity Commissioner and the Board of Trustees, which was in charge of the public trust known as "Bhartiya Shikshan Sanstha, Bhisi" came to be removed and an adhoc body of seven persons along with the Assistant Charity Commissioner came to be appointed as Ad hoc trustees to administer the said trust.

(3.) Some of the intervening facts are not relevant for the purposes of the present matter suffice is to say that thereafter the matter was carried in appeal to the Joint Charity Commissioner, who issued a direction to the Assistant Charity Commissioner to register a SuoMotu scheme proceeding for determining a scheme for the administration of the trust.