HARISHCHANDRA DHONDIRAM KALGUDE Vs. SURESH MARUTI MHASKE

JUDGEMENT

(1.) The petitioners are the members of Mahad Taluka Maratha Seva Sangh, Kalyan East, (hereinafter referred to as "said Trust"), which is a trust registered under the provisions of the Maharashtra Public Trust Act (Bom. Act XXIX of 1950) (hereinafter referred to as "the said Act") as well as Societies Registration Act, 1860.

(2.) The petitioners have challenged by way of the present writ petition filed under Article 227 of the Constitution of India Order dtd. 17/6/2017 passed by learned 5th Joint Civil Judge, Junior Division, Kalyan below Exh.1A in R.C.S. No.402/2016. By the impugned Order, the leave sought by the petitioners to institute the suit under Sec. 92 of Code of Civil Procedure, 1908 (for short 'C.P.C.') was rejected. The learned Trial Court inter alia while rejecting leave application observed that remedy is provided under Ss. 50 and 51 of the said Act.

(3.) Mr. Datar, learned Counsel appearing for the respondent Nos.1 to 6 at the outset pointed out Sec. 52 of the said Act and submitted that Sec. 92 and 93 of the C.P.C. are not applicable to the public trusts. He submitted that therefore, application bearing Exh.1A seeking leave is not at all maintainable. He submitted that in these circumstances no interference is warranted in the impugned order rejecting Exh.1A application.