LAXMAN BABANRAO MALI Vs. PRABHAKAR SAMBHU CHAUDHARI

JUDGEMENT

(1.) Rule. Rule made returnable forth with. Heard by consent.

(2.) By way of present petition, the petitioners, challenge the order dated 3rd November, 2007, passed by the learned 2nd Adhoc Addl.District Judge, Shahada below Exh.53 in Trust Application No.01/2007 and below Exh.17 in Trust Application No.02/2007, vide which both the applications of the present petitioners below Exhs.17 and 53 for leading the additional evidence, have been rejected.

(3.) It appears that there is a long standing dispute between the present petitioners and the respondents over the management of one Peoples Education Society. It appears that the change reports are filed by both the petitioners as well as the respondents, contending that in the elections the said society, their respective groups have been elected as the members of of the Managing Committee. After the orders were passed by the learned Asstt.Charity Commissioner, the matter went to the Jt.Charity Commissioner. Thereafter, the proceedings have reached before the learned District Judge under Section 72 of the Bombay Public Trust Act, 1950 (hereinafter referred to, as "Act" the said Act"). In the said proceedings, both the applications below Exhs.17 and 53 came to be filed by the present petitioners for production of certain documents. It is the contention of the petitioners that though these documents were produced on record before the learned Asstt. Charity Commissioner, they were not considered by the said authority and, therefore, in the interest of justice it was necessary to permit the present petitioners to brought on record the said documents, so as to effectively decide the dispute. However, the said applications have been rejected by the learned District Judge, by the impugned order, on the ground that since the said documents were not considered by the learned trial court, it was not permissible for the petitioners to apply for consideration of the said documents at that stage.