SIDDHESHWAR DEVASTHAN TRUST Vs. SANJAY BHIMASHANKAR THOBDE

JUDGEMENT

(1.) The present Writ Petition takes exception to order dtd. 10/10/2025 passed below Exhibit-229 in Application No.22 of 2018 by learned Joint Charity Commissioner II, Pune Region (For short, 'JCC'), thereby rejecting application for inspection of trust property under Order 18 Rule 18 of Code of Civil Procedure read with Sec. 73 of Maharashtra Public Trust Act, 1950 (For short, 'MPT Act').

(2.) Respondent No.1 has filed an application under Sec. 41D of MPT Act against Petitioner. In pursuance to said application, on 27/11/2018, three charges have been framed against Petitioner and other trustees. Later on, on 7/12/2018, four additional charges have been framed. The evidence of parties have been recorded. Since proceeding was delayed for one or other reason, this Court issued directions in Writ Petition No.18783 of 2024 to decide proceeding within a period of two months. On 26/8/2025, arguments have been concluded by Respondent No.1. At this stage, Petitioner filed application below Exhibit 229 seeking inspection of trust property. The learned JCC after considering rival contentions rejected Petitioner's application.

(3.) Mr. S. B. Talekar, learned Advocate appearing for Petitioner would submit that application tendered by Petitioner seeking inspection of trust property has been rejected on erroneous grounds. He would submit that learned JCC failed to consider object and purport of Order 18 Rule 18 of CPC and declined to entertain application observing that it is not maintainable or filed at belated stage.