KESHAV NARAYAN BHARTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree passed by the learned Additional District Judge, Latur in Civil Appeal No.172 of 1981, dated 20.2.1986. The appellant deceased Keshav in this second appeal was the original plaintiff, who had filed Regular Civil Suit No.476 of 1978 in the court of learned Civil Judge S.D. Latur for declaration and injunction, against the Charity Commissioner, Maharashtra State, Mumbai, State of Maharashtra and others. Said suit was decreed by the learned Civil Judge S.D. by his judgment and decree passed on 21.9.1981. The parties hereinafter, are referred to their status as the plaintiff and defendants.

(2.) Second Appeal was admitted by this Court by the order passed on 19.3.1986. However, no substantial question of law was formulated. Therefore, I heard learned counsel for the parties on the grounds involving substantial questions of law on 10.11.2206. Following are the grounds involving substantial questions of law, framed by this Court on 10.11.2006.

(3.) Shri Solshe, learned counsel appearing for the appellant submits that the suit filed by the plaintiff is maintainable and the trial Court has justifiably passed a decree in favour of the plaintiff. He also submits that the cause of action arose as described in the plaint and suit filed by the plaintiff is well within limitation. He relied upon the judgments of the apex Court in the matter of Church of North India Vs.Lavajibhai Ratanjibhai and others (2005 AIR SCW 2738) and Keki Pestonji Jamadar and another Vs.Khodadad Merwan Irani and others (AIR 1973 Bom. 130). He also relied upon the judgment of this Court in the matter of Ramnarayan s/o Manilal Sahu through LRs. Smt.Kamal wd/o Ramnarayan Sahu and others. Vs. State of Maharashtra (2005 (2) Mh.L.J. 95).