ARUN KESHAVRAO MONE Vs. RAMESH BALVANT BAXI

JUDGEMENT

(1.) THIS is an Appeal against Order under Order 43 Rule 1 (u) of civil Procedure Code, challenging the Judgment of remand passed by First Ad hoc Additional District Judge, Nagpur, dated 19-8-2005 in Miscellaneous Civil appeal No. 785 of 1998. The respondents have raised objection about its maintainability and according to them, Appeal under section 72 (4) of Bombay public Trust Act, 1950 (hereinafter referred to as B. P. T. Act) which is in the nature of Second Appeal as per section 100 of Civil Procedure Code is alone tenable. I have heard parties on this issue on various dates and on 25-10-2005, case was closed for passing orders on this objection. Parties were directed to maintain status quo as existing on that date till today.

(2.) BARE facts necessary for determination of this controversy can now be stated. The impugned judgment is delivered on an application under section 72 of b. P. T. Act and said application, in turn, was challenging the order dated 30-9-1998 passed by Joint Charity Commissioner, Nagpur in Appeal No. 32 of 1998. This appeal before Joint Charity Commissioner was against the order dated 26-6-1998 passed by Deputy Charity Commissioner in Inquiry No. 1042 of 1995. The first Ad hoc Additional and District Judge, Nagpur, by impugned judgment allowed the proceedings before him partly and the orders dated 26-6-1998 as also 30-9-1998 passed by both lower authorities have been set aside to the extent of issuing certificate of classification in the name of one Shri V. G. Senad. The rest of the order has not been disturbed. The original order dated 26-6-1998 passed by deputy Charity Commissioner in inquiry Case No. 1042 of 1995 under section 19 of B. P. T. Act declares that present Appellant No. 4 is a Public Trust and directs issuance of Certificate of Registration with classification as "f" in above name with further direction to take necessary entry in Schedule-I, the appeal before Joint Charity Commissioner vide Appeal No. 32 of 1998 was under section 70 of B. P. T. Act.

(3.) I have heard Advocate S. R. Deshpande for appellants and Advocate n. D. Khamborkar for respondents.