Babanrao Baburao Kure vs Balasaheb Madhavrao Muley And ...
2016 Latest Caselaw 2836 Bom

                                              1                    WP-6122.16.doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,




                                                                               
                         BENCH AT AURANGABAD

                          WRIT PETITION NO. 6122 OF 2016




                                                       
     Babanrao s/o Baburao Kure
     Age: 59 years, Occu. Social Worker/President
     R/o. Deshmukh Galli, Ta. Sonpeth,




                                                      
     Dist. Parbhani                               ... Petitioner

              Versus

     1.       Balasaheb s/o Madhavrao Muley




                                             
              Age: 59 years, Occu. Agril.,
              R/o. Nimgaon, Post-Sonpeth,
                             
              Ta. Sonpeth, Dist. Parbhani

     2.       Gurunath s/o Belappa Mhetre
                            
              Age: 58 years, Occu. Agril,
              R/o. Mhetre Newas, Police Station Road,
              Sonpeth, Ta. Sonpeth, Dist. Parbhani    ...Respondents

                                    .....
      


     Mr. Anand V. Patil (Indrale), Advocate for petitioner
     Mr. Shyamsunder H. Jagiasi, Advocate for respondents -
   



     caveators.
                                    .....





                                     CORAM :      SUNIL P. DESHMUKH, J.

                                       DATE :     14th JUNE, 2016

     ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally

by consent of the learned advocates of the parties.

2. The grievance and contention on behalf of the petitioner

is that on 22nd January, 2016, the Assistant Charity

2 WP-6122.16.doc

Commissioner, Parbhani, passed an order by which "no

evidence" order came to be set aside subject to payment of

cost of Rs.2000/-. However, no time limit for deposit of costs

was fixed and as such said costs could not be deposited by

petitioner and as such, the matter appears to have been

proceeded further under order dated 7th June, 2016 without

evidence of the objection petitioner.

3.

Having regard to aforesaid, without going into the rival

claims, it would be expedient and in the interest of justice,

not to go into the technicalities, in order to let the petitioner

to take corrective action enabling him to avail of one more

opportunity.

4. In the circumstances, impugned order is set aside. The

proceedings pending before the Assistant Charity

Commissioner may go on expeditiously and be disposed of

preferably within a period of four months from the date of

receipt of writ of this order. Of course, for setting aside the

impugned order dated 7th June, 2016 upon application Exhibit-

55, costs be paid by the petitioner to the respondents.

Payment of costs is condition precedent for operation of

aforesaid order.

3 WP-6122.16.doc

5. The petitioner shall deposit a sum of Rs. 7,500/-,

including the amount of Rs.2000/- as per order of Assistant

Charity Commissioner, before said authority for equal

distribution among the respondents in this writ petition. The

costs be deposited within a period of two weeks from the date

of receipt of this order.

6.

Rule is made absolute in aforesaid terms.

7. Writ petition, as such, stands disposed of.

( SUNIL P. DESHMUKH, J. )

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