VIJAYKUMAR BABURAO SHETE Vs. MALLIKARJUNAPPA SIDRAMAPPA BIDWE

JUDGEMENT

(1.) THIS appeal is filed against the order made in First Appeal No. 220 of 1996 whereby the appellants were permitted to withdraw the first appeal but at the same time Civil Application No. 406 of 1997 filed by the present appellants by way of cross-objections as Interveners was disposed of as not surviving.

(2.) MR. Katneshwarkar learned Counsel for the appellants submits that even though the appeal was withdrawn, the cross-objections has to be decided and therefore, the impugned order is not proper in law.

(3.) IN order to appreciate the contentions of the learned Counsel for the appellants it is necessary to state few facts. On 31-7-1994 a resolution conferring membership on 40 persons by suitable change in the constitution of the trust was passed and in consequence, change report was made to the Assistant Charity Commissioner to approve the Change Report Bearing No. 238 of 1994. In appeal under section 70 of the Bombay Public Trusts Act, the Charity Commissioner set-aside the order of the Assistant Charity Commissioner on certain grounds and remanded the matter for fresh inquiry. That order of the Charity Commissioner was also challenged in Misc. Civil Application No. 13 of 1995 under section 72 (2) of the Bombay Public Trusts Act, 1950, before the District Judge. The District Judge dismissed the application and directed the parties to go before the Assistant Charity Commissioner for further inquiry. That order passed by the learned District Judge was questioned in First Appeal No. 220 of 1996 before the learned Single Judge of this Court. After admission of the appeal, the first appeal came up for hearing when withdrawal purshis was filed. It appears that pending the first appeal one of interested persons filed cross-objections in the said appeal. The learned Single Judge allowed withdrawal of the cross-objection appeal and at the same time rejected on the ground that said cross-objections do not survive in view of withdrawal of the first appeal.