SANTOSH BHAGA JADHAV Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) Both these appeals are fled by respective appellants against the impugned judgments and orders dtd. 09/02/2021 passed by the learned District Judge-5, Dhule (hereinafter referred to as 'the learned District Judge) in Miscellaneous Civil (Trust) Application No.108 of 2010 and Miscellaneous Civil (Trust) Application No.124 of 2010. Since in both these applications the learned District Judge after allowing those applications, has set aside order of the Assistant Charity Commissioner, Dhule in Change Report No. 643 of 2007 and order of Joint Charity Commissioner, Nashik Region, Nashik Appeal No. 26 of 2009, I fnd it appropriate to decide these appeals commonly.

(2.) It appears that the learned Assistant Charity Commissioner, Dhule had accepted the Change Report No. 643 of 2007 based on the meeting dtd. 08/04/2007, wherein body of the trust known as 'Mahatma Jyotiba Phule Gramin Shikshan Mandal, Nyahold, District Dhule' got changed. The Joint Charity Commissioner had also upheld the fnding of the learned Assistant Charity Commissioner. However, the learned District Judge in the aforesaid applications vide impugned judgments and orders, has set aside aforesaid change report alongwith the order of the learned Joint Charity Commissioner, Nashik. Hence, these appeals.

(3.) The respective learned counsel and senior counsel for the contesting parties argued on merits. However, on perusal of the appeal memo, it appears that the main ground for challenging the impugned judgments and orders is that whether order passed in favour of dead persons and also against dead respondents by the learned District Judge is just, legal and proper.