Namdeo Petanna Chilke vs Shahi Gupta Masjid, Thr.Shafi ...
2016 Latest Caselaw 5209 Bom

                                                        1              sa426.02.odt

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




                                                                                     
                                                             
                             SECOND APPEAL NO. 426 OF 2002


                Namdeo Petanna Chilve




                                                            
                (deceased through L.Rs)

     1]         Ramesh Namdeo Chilve,
                aged 65 years, Occ. Business,




                                              
                R/o. Bagad Khidki, Distt. Chandrapur

     2]
                             
                Diwakar Namdeo Chilve,
                aged 55 years, Occ. Driver, Res -Gauri
                Talav, Chandrapur.
                            
     3]         Ram Namdeo Chilve,
                aged 59 years, Occ. Labour,
                R/o. Sindewahi, Chandrapur ......                       APPELLANTS
      


                                     ...VERSUS...
   



             Shahi Gupta Masjid Trust No.B,C-3
             through Shafi Mohd. Abdul Gafoor,
             aged 58 years, Occ. Service,





             President of Plaintiff Trust,
             R/o.Anchaleshwar Ward, 
             Chandrapur.......                                           RESPONDENT
     -------------------------------------------------------------------------------------------
     Shri S.Y.Deopujari, counsel for Appellants.





     -------------------------------------------------------------------------------------------
                              CORAM: R. K. DESHPANDE, J.

th DATE : 7 SEPTEMBER, 2016

ORAL JUDGMENT

1] Shri Deopujari, the learned counsel appearing

for the appellant invited my attention to the decision of this

2 sa426.02.odt

Court in the case of Namdeo Pandurang Khedkar vrs.

Shahi Gupta Masjid Chandrapur, delivered on 18th

November, 2013 in Second Appeal No. 180 of 1995 and also

the another decision delivered by this Court on 15 th March,

2016, in Second Appeal Nos. 424 and 425 of 2002, and

submits that the controversy involved in the present case is

covered by the said decisions and the second appeal needs

to be allowed.

2] On 24th October, 2005, this Court had framed the

following substantial question of law,

Whether the suit as prayed without joining of

the trustees as parties was maintainable?

3] In fact, the present second appeal was to be

heard along with the aforesaid second appeals which have

already been decided. Since the present appeal was

dismissed in default, it cannot be decided at that time. The

substantial question of law framed in the present matter has

been answered in the aforesaid two decisions, holding that

the suit as prayed without joining the trustees as parties was

3 sa426.02.odt

not maintainable. Hence, the present second appeal needs

to be allowed and the suit is liable to be dismissed as not

maintainable.

4] In the result, the second appeal is allowed. The

judgment and order dated 30.08.2002 passed by the lower

appellate Court in Regular Civil Appeal No. 32 of 1994 is

hereby quashed and set aside and the decision of the trial

Court delivered on 03.01.1994 in Regular Civil Suit No.285 of

1990 is restored. No order as to costs.

      


                                                                     JUDGE
   



     Rvjalit







                                                  4             sa426.02.odt

                                   C E R T I F I C A T E




                                                                             

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