MALLIKARJUNAPPA Vs. JOINT CHARITY COMMISSINER MAHARASHTRA STATE

JUDGEMENT

(1.) Both the Second Appeals are being disposed of by this common judgment. These appeals were filed as First Appeals and were accordingly registered (F. A. No. 272 of 2002 and F. A. No. 743 of 2002). They were converted into Second Appeals in view of dictum rendered by Division bench in Shivprasad Shankarlal Pardeshi since deceased by his heirs Shrikant shivprasad and others vs. Leelabai Badrinarayan Kalwar since deceased by her heirs and others, 1998 (1) Mh. L. J. 444.

(2.) The appellants in both these appeals are original opponent Nos. 1, 3, 5, 8, 9, 11, 13 and 14. Respondent No. 2 - Mahadevappa is original applicant No. 1. Respondent Nos. 3 to 9 are original opponent Nos. 2, 4, 6, 7, 10, 12 and 15.

(3.) The appellants are members of group which was headed by appellant no. 1 - Mallikarjunappa Bidve. For sake convenience I may call this group as group "b". Respondent Nos. 3 to 9 are members of another group headed by respondent No. 5 (original opponent No. 6) Mr. Sambappa Girwalkar, Advocate. This group may be called as Group "g". Admittedly, these two groups were at logger heads.