ARUN GOKULJI GHOTEKAR Vs. PRABHAKAR VITHOBAJI MESHRAM

JUDGEMENT

(1.) Heard the learned counsel for the respective parties.

(2.) The District Judge, Chandrapur in exercise of powers under sec. 72 of the Bombay Public Trusts Act, 1951 now Maharashtra Public Trusts Act (hereinafter referred to as the 'Act' for the sake of brevity) has partly allowed the prayer of the objector/respondent and set aside the judgment delivered in Appeal No.6 of 2008, which was under sec. 70 of the Act with direction to decide the said appeal afresh. As such, in principal the present appeal is against an order of remand.

(3.) The facts necessary for deciding the present appeal are as under: In Chandrapur District a public trust by name Siddarth Sikshan Sahayyak Sikshan Sanstha claimed to have held a General Body Meeting on 2/8/2005 for which through under certificate of posting, notice was served on the members, by certificate dtd. 21/7/2005. The said under certificate of posting, which is produced at Exhibit-14 is claimed to be the bone of contention between the parties to the appeal, as the respondent/ objector, who was the appellant in an application under sec. 70 of the Act claimed that such notice was never posted nor did received by him.