PRABHAKAR VITHOBAJI MESHRAM Vs. JAMNADAS PATRUJI KHOBRAGADE

JUDGEMENT

(1.) IN this First Appeal under section 72 (4) of the Bombay Public Trusts Act, 1950 (hereinafter referred as "act"), the appellants questioned the findings recorded by the District Judge, Chandrapur by the common Judgment in Misc. Civil Application No.58 of 92 and Misc. Civil Application No.64/92 dtd. 18.8.393 allowing the same and setting aside the order declared in favour of the Appellants in Appeal No.8 of 92 passed on 7.10. 1992.

(2.) AFTER hearing the learned counsel of the parties at length, a fair proposal came from the learned counsel of the parties that the Society being in the name of Dr. Babasaheb Ambedkar, running an educational institution, in the interest of the Society, the parties settled their dispute amicably in stead of washing their dirty linen in public. It being a bona fide expression came from the learned counsel of the parties, the members/trustees instead to be at logger-head and thereby to continue huddles in the Management and administration of the Trust or Society, accepted the proposal and adjourned matter to pursuade their clients to settle the matter amicably in the interest of the Society. The matter was thereafter adjourned day to day to know the developments in the matter. Ultimately on 29.10.1996, both learned counsel of the parties informed the Court that there is no likelihood of amicable settlement. The learned counsel of the parties were allowed to make additional submissions. Consequently, heard Shri Charde, the learned counsel for the appellant and Dr. Advocate Kulkarni for the respondents 1 to 5 and 8 .The learned counsel were directed to place on record the subsequent events. On 1.11.1996, Shri Charde, the learned counsel for the appellants filed on record the synopsis giving subsequent events. The copy of the synopsis was served on other side on 1.11.1996. On behalf of the Respondents no such synopsis as regards the subsequent events came to be filed but during the course of argument the subsequent event i. e. election held on 15.11.1992 was specifically brought to the notice of the court.

(3.) BEING aggrieved by the aforesaid order dtd.2.12. 1991, the present appellants filed an Appeal before the Joint Charity Commissioner, Nagpur Region, Nagpur, vide appeal no. 8/92 under section 70 of the Act. The reporting trustee Shri Padmakar Uddhao Nagarale was joined as Respondent. The three inducted persons being strangers, they were not joined as parties in the Appeal. After hearing the parties, in Appeal No.8/92, the Joint Charity Commissioner, Nagpur Region, Nagpur, by its Judgment dtd, 7.10. 1992, set aside the change report accepted by the Assistant Charity Commissioner. The Respondents 1,2 and 3 approached the District Judge, Chandrapur, filing Misc. Civil Application no. 59/92. The District Judge, Chandrapur allowed both the Misc. Civil Appeals No.58/92 and 64/92 by the common order and set aside the order dtd. 7.10. 1992 in Appeal No.8/92 passed by the Joint Charity Commissioner, Nagpur, rejecting the change report no. 181/91 under section 22 of the Act and thereby, confirmed the order dtd.2.12. 91 passed by the Assistant Charity Commissioner, Chandrapur accepting the change report no. 181/91.