PRABHAKAR SAMBHU CHAUDHARY Vs. LAXMAN BABAN MALI

JUDGEMENT

(1.) Heard Shri R.N.Dhorde, Senior Counsel i/by Shri V.R.Dhorde, advocate for the Appellant in Second Appeal No.700 of 2008 and for Respondent No.1 in Second Appeal No.793 of 2008 with and i/by Shri P.S.Dighe, advocate; Shri P.M.Shah, Senior Counsel i/by Shri S.P.Brahme, advocate for Respondents No.1 to 3 in Second Appeal No.700 of 2008 and for the Appellant in Second Appeal No.793 of 2008 with and i/by Shri N.B.Suryawanshi, advocate; and Shri A.B.Girase, Government Pleader for Respondent No.5 in both the appeals.

(2.) These Second Appeals have been presented objecting to the judgment and order dated 29.04.2008, passed by Ad hoc District Judge-2, Shahada in Trust Applications No.1 of 2007 and 2 of 2007.

(3.) Although there is a chequered history of the litigation, it would suffice to note that after elections to the Managing Committee were held, Change Report No.207 of 2003 was presented by Choudhary group i.e. appellant in Second Appeal No.700 of 2008, whereas, Change Report No.208 of 2003 was presented by Mali group i.e. Respondents in Second Appeal No.700 of 2008 and appellant in Second Appeal No.793 of 2008, respectively claiming themselves to be duly elected office bearers of the Managing Committee. Change Report No.207 of 2003 came to be accepted by the Assistant Charity Commissioner and Change Report No.208 of 2003 came to be rejected by an order dated 12.04.2006. Appeal No.73 of 2006 was filed by Mali group, challenging acceptance of Change Report No.207 of 2003 and rejection of Change Report No.208 of 2003. The said appeal came to be allowed vide order dated 06.01.2007 and order passed in respect of acceptance of Change Report No.207 of 2003 is set aside. On the other hand, order in respect of rejection of Change Report No.208 of 2003 came to be confirmed.