BABAN Vs. SUKHDEO DAGDU NAWALE

JUDGEMENT

(1.) Heard Mr. A.D. Shinde, Advocate, holding for Mr. V.D. Hon, learned counsel for the appellants and Mr. A.S. Bajaj, learned counsel for the respondents No.1, 2 and 6 to 9. Other respondents are absent though served with notice.

(2.) This is an appeal under Sub-section (4) of Section 72 of the Bombay Public Trusts Act, 1950 , against the Judgment and order dated 5-12-1992 passed by 3rd Addl. Dist. Judge, Ahmednagar in Trust Application No.26/1991, filed by the present appellants as per the provisions of Section 72(1) of the Bombay Public Trusts Act, 1950 , which came to be dismissed.

(3.) It is well settled that an appeal filed under section 72(4) of the Bombay Public Trusts Act, 1950 is a "Second Appeal" to the High Court subject to the restrictions and limitations imposed on a "Second Appeal" as prescribed under Section 100 of the Code of Civil Procedure." In this regard reference may be made to the decision of Division Bench of this court reported in Shivprasad Vs. Leelabai, 1998 1 MhLJ 444. Therefore though this appeal has been admitted as "First Appeal" however, in view of the above referred decision, this being an appeal under Section 72(1) of the Bombay Public Trusts Act, 1950 , is a "Second Appeal" which is to be decided subject to the restrictions and limitations imposed on a "Second Appeal" as prescribed under section 100 of the Code of Civil Procedure.