R.P. NAIDU Vs. KASHIBHOTLA VENKATA SIVUDI

JUDGEMENT

(1.) THE petitioners, R.P. Naidu and two others have challenged in this revision application, the order dated July 16, 1983 passed by the Joint Judge Nagpur in Misc. C.A. No. 219 of 1983 (K. V. Sivude and others v. R.P. Naidu and others) staying the effect and operation of the order dated May 16, 83 in appeal No. 15 of 1983 (N) passed by the Charity Commissioner Nagpur till the disposal of the application under Section 72(7) of the Bombay Public Trusts Act, 1950 on merits pending before him.

(2.) THE revision -petitioner No. 1 was elected as the president of the trust styled as Andhra Association Nagpur, P.T.R. No. F -449 -(N) in the election held on June 27, 83 for the year 1982 -83. The managing committee took over charge and was managing the affairs of said association. One Shri Gandhi was the secretary of the managing committee and he had filed an application for recording the change to the Deputy Charity Commissioner and his application was registered as C.R. No. 1308 of 1982. This change report was rejected by the Deputy Charity Commissioner Nagpur on January 31, 83 on the ground that the names of the previous managing committee were not recorded in the Charity Commissioner's office and as such no change has taken place. The said N. Gandhi preferred appeal against the said order, registered as appeal No. 12/1983 before the Joint Charity Commissioner, Bombay. It is stated that Shri N. Gandhi was won over by the respondents and hence the petitioner No. 1 applied for joining as a party in this appeal. He also filed separate appeal registered as appeal No. 15/1983. This appeal was heard and decided by the Joint Charity Commissioner who allowed it and remanded the case to the Deputy Charity Commissioner for fresh trial and decision vide his order dated May 16, 1983. The order is reproduced below :

(3.) SIMILARLY , so far as the first order in Change Report in paras 2 and 3 are concerned, I pass no orders for reasons already mentioned except mentioning submissions made by Shri Pradhan in this behalf.