Ramesh S/O Dhondbaji Nagdeve vs Smt. Saroj W/O Anil Mate
2016 Latest Caselaw 4829 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR




                                                                                                              
                                    WRIT PETITION NO.4803 OF 2016




                                                                               
               Ramesh s/o Dhondbaji Nagdeve
               Aged about 64 years,
               Occ: Trustee, Magaswargiya Samaj
               Sudhar Shikshan Sanstha, 




                                                                              
               Guatam Nagar, Tumsar,
               Dist. Bhandara, R/o Tumsar,
               Tah. Tumsar, Dist. Bhandara.                                     ....... PETITIONER




                                                           
                                                ...V E R S U S...
                                  
              Smt. Saroj w/o Anil Mate,
              Aged about Major,
              Occ: Trustee, R/o Ambedkar Ward,
                                 
              Bhandara, Tah. & Dist. Bhandara.                   ....... RESPONDENT
     ----------------------------------------------------------------------------------------------------
              Shri Amol Mardikar, Advocate for Petitioner.
              Ms. P.A. Mahashabde, Advocate for Respondent.
      

     ----------------------------------------------------------------------------------------------------
   



                          CORAM:  R.K. DESHPANDE, J. 

rd AUGUST, 2016.

                          DATE:      23

     ORAL JUDGMENT





     1]                   Rule, made returnable forthwith.   Heard finally by consent

of the learned counsels appearing for the parties.

2] In the order dated 11.03.2016 passed by this Court in Writ

Petition No.6017 of 2015 this Court had observed as under:

The learned Joint Charity Commissioner is directed to

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decide the Appeal No. 222 of 2015 as early as possible and preferably within three months from today. As the parties

agreed that the interim order passed by this Court i.e.

directing the parties to maintain status quo be continued till the decision of the appeal, the order passed by this Court dated 28th October, 2015 to be in operation till the appeal is decided

by the Joint Charity Commissioner finally within the stipulated time frame directed by this Court.

3]

Shri Amol Mardikar, the learned counsel appearing for the

petitioner submits that the same order of status quo be continued during

the pendency of application under Section 72(4) of the Maharashtra

Public Trusts Act. The learned counsel for the respondent objects to this

on the ground that the petitioner is trying to interfere in the process of

obtaining the approval/recognition to the school, which is being run by

the management.

4] Shri Mardikar, the learned counsel appearing for the

petitioner submits that there cannot be any objection for grant of

approval/recognition for running the school. However, the petitioner is

interested in retaining his position as a Joint Secretary in the trust.

Undisputedly, the name of the petitioner has already been removed from

the register of the Trust as a Joint Secretary and if the petitioner

succeeds in appeal, he will be restored back in a position with all the

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advantageous, which are gained by the school at the instance of the

respondent. The learned counsel for the respondent therefore, submits

that the grievance of the parties will be satisfied with this order.

5] In view of above, the petition is disposed of by directing the

party to maintain status quo. However, the statement of the learned

counsel for the petitioner is accepted, that the petitioner shall not

interfere in the process of obtaining of approval/recognition from the

competent authority, at the instance of respondents. No costs.

                                      
                                                                                     JUDGE
      
   



    NSN







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