UTTAM VITHALRAO TEKALE Vs. RAJABHAU SOPAN SHELKE

JUDGEMENT

(1.) This appeal is directed by Original Defendant Nos. 11 to 13, against the judgment and decree passed by the District JudgeIII, Osmanabad, in Trust Suit No. 01 of 2004, whereby the scheme was framed for the proper management of the trust Shri. Sant Goroba Kaka Shikshan Prasarak Mandal, Karanjkheda, Tq. Kalamb, District Osmanabad (hereinafter referred to as the 'Trust'). Respondent Nos. 1 and 2 are Original Plaintiffs and other respondents are Original Defendants. In fact, this is the second round of litigation in between the same parties after the remand of suit by this Court, in accordance with directions given in the First Appeal No. 127 of 2014. (hereinafter the parties are referred in accordance with their status in the original proceeding as Plaintiffs and Defendants).

(2.) Facts leading to the institution of this appeal are that plaintiffs filed a Trust Suit for approval of the scheme framed for the management of the Trust and for directions to defendant Nos. 1 to 9 to run the affairs of the Trust in accordance with new scheme. The admitted facts in between the parties are that the Trust is registered under the Societies Registration Act, 1860, as well as under the Bombay Public Trusts Act, 1950, vide registration No. MAH168/91 F2238 in the year 1991. At the time of registration of the Trust, the Constitution of the Trust was framed and the affairs of the Trust were managed in accordance with the said Constitution.

(3.) The contention of the plaintiffs is that they are also the Trustees of the said Trust and the Constitution of the Trust is defective, as no provisions are made to empower the President, Secretary, The Treasurers, The Joint Secretary and other Office Bearers of the Trust to manage all activities of the Trust. As no specific powers are assigned to the Office Bearers of the Trust, complications arise while managing affairs of the Trust. Therefore, plaintiffs framed new scheme for the trust assigning specific powers and duties to the President, Secretary, The Treasurers, the Joint Secretary and the other Office Bearers of the Trust and filed this suit for the approval of the said scheme and for directions to defendant Nos. 1 to 9, to manage the affairs of the Trust in accordance with new scheme.