RAM S/O NARSU GORE Vs. SUDARSHAN GIR

JUDGEMENT

(1.) The common judgment and order dated 13th of September, 2010, passed by the District Judge, Latur, in Civil Miscellaneous Application (Trust) No.100/2009 and 118/2009, is challenged in the present appeal. The order passed by the Joint Charity Commissioner, Latur Region, Latur, in Appeal No.4/2005, decided on 6th of April, 2009, was challenged before the District Court vide the aforesaid two applications filed under Section 72 of the Bombay Public Trusts Act, 1950; now, the Maharashtra Public Trusts Act ( hereinafter referred to as 'the Act').

(2.) The facts which have given rise for filing the present appeal in brief are thus:

(3.) The said application was resisted by the present respondents. The learned Assistant Charity Commissioner vide order passed on 30th of March, 1984, allowed the application and ordered that Shri Ramgir Maharaj Sansthan, Wasangaon, be registered as public trust. The said order was challenged by one Damodar Dadarao Patil before the Joint Charity Commissioner at Aurangabad vide Appeal No.83/1984. The learned Joint Charity Commissioner dismissed the said appeal vide judgment and order passed on 31st of August, 1989. The order passed by the learned Joint Charity Commissioner was questioned before the District Court at Latur under Section 72(1) of the Bombay Public Trusts Act. The learned District Judge, vide judgment and order passed on 20th of June, 2000, set aside the order passed by the Assistant Charity Commissioner in Enquiry Application No.361/1982 as well as the order passed by the Joint Charity Commissioner in Appeal No.83/1984 and remitted the matter back to the Assistant Charity Commissioner to decide it afresh by giving due opportunity to the parties. Accordingly, the learned Assistant Charity Commissioner at Latur conducted a fresh enquiry under Section 19 of the Trust Act and vide judgment and order passed on 28th of December, 2004, allowed the said application and directed registration of the public trust, namely, Shri Ramgir Maharaj Math Sansthan, Wasangaon, Tq. and Dist.Latur and to take necessary entries in the public register kept under Section 17 of the Trust Act. The respondents therein filed an appeal bearing appeal No.4/2005 against the said order before the Joint Charity Commissioner at Latur. Vide the judgment and order passed on 6th of April, 2009, the learned Joint Charity Commissioner allowed the appeal and thereby set aside the order dated 28.12.2004 passed by the Assistant Charity Commissioner, Latur. The order passed by the Joint Charity Commissioner, Latur, was excepted before the District Court at Latur vide Miscellaneous Civil Application Nos.100/2009 and 118/2009. As noted hereinabove, the learned District Judge dismissed both the applications and confirmed the order passed by the Joint Charity Commissioner at Latur in Appeal No.4/2005. Aggrieved thereby, the appellants have preferred the present appeal. Initially it was treated as Second Appeal and was numbered as Second Appeal No.781/2010. Subsequently, in view of the Full Bench judgment of this Court, the said Second Appeal was converted into First Appeal and was numbered as F.A.No.3032/2016.