SANTOSH SHYAMRAO MOHOKAR Vs. PANDURANG SAKHARAM SATAV

JUDGEMENT

(1.) Heard finally with consent of the parties.

(2.) The appellants are the legal representatives of deceased Shamrao Govindrao Mohokar who was working as trustee of one Shri Sidhaji Maharaj Sansthan, Patur bearing registration PTR No. A-266. According to applicants deceased Shamrao Mohokar was the sole trustee of the said trust and the mode of succession was hereditary in nature. It may be stated that in respect of that trust one Pandurang Sakharam Satav had filed an application under section 50(A)(1) of the Bombay Public Trust Act for framing a scheme before the Assistant Charity Commissioner Akola, which was registered as Application No. 7/ 1996. Same came to be decided on 14.3.2001. It further appears that the trustees were appointed for better administration of the trust. That order was challenged before the District Judge, Akola vide application No. 68/2001 by deceased Shyamrao. As he remained absent matter proceeded in his absence and later came to be abated on 10.1.2005 and hence the M.J.C. No. 144/2005 was filed under Order 22 Rule 10 of C.P.C. for setting aside Order dated 10.1.2005 and for restoration of M.J.C. 68/2001.

(3.) Respondents moved an application before the trial Court to bring L.Rs. of Shamrao Mohokar. The learned District Judge found that father of the applicants could not be treated as trustee of the said Sidhaji Maharaj Sansthan. He ordered appeal to have been abated by Order dated 10.1.2005. The application for setting aside abatement was filed after 10 months.