PARASKUMAR BHALCHAND THOLE Vs. SURESHKUMAR HUKUMCHANDJI KASLIWALA

JUDGEMENT

(1.) Heard.

(2.) These three appeals are directed against the common judgment and order dated 10.3.2008 passed by the District Judge-2, Aurangabad allowing applications bearing MARJI nos. 155 of 2006, 141 of 2006 and 156 of 2006, filed under section 72 of the Bombay Public Trusts Act, 1950 (for short the B.P.T. Act).

(3.) At the outset it may be mentioned that in Shivprasad Shankarlal Pardeshi v. Leelabai Badrinarayan Kalwar reported in AIR 1998 BOMBAY 131 a Division Bench of this Court has held that an appeal against the order passed by the District Judge in application under section 72 of the Bombay Public Trust Act, is in the nature of second appeal and would be governed by the limitations imposed by section 100 of the Code of Civil Procedure and can be admitted only as regards a substantial question of law.