Yadav Laxmanrao Patil vs Motilal Babanrao Bawiskar And 3 ...
2021 Latest Caselaw 4635 Bom

                                         1                               120321wp4834.17.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           : NAGPUR BENCH : NAGPUR.

                              WRIT PETITION NO. 4834 OF 2017
                               YADAV LAXMANRAO PATIL
                                      VERSUS
                       MOTILAL BABANRAO BAWISKAR AND OTHERS
------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of                           Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
------------------------------------------------------------------------------------------------------
                         Mr. R. D. Wakode, Advocate for the petitioner.

                                 CORAM : V. M. DESHPANDE, J.

DATE : MARCH 12, 2021.

1. Heard Mr. R.D. Wakode, learned counsel for the petitioner. Counsel for the respondents is absent.

2. Mr. Wakode, learned counsel for the petitioner submitted that this writ petition may be disposed of with a direction to the learned Additional Sessions Judge-2, Amravati to decide Misc. Civil Application No. 126 of 2016 as early as possible.

3. The learned counsel for the petitioner submitted that this writ petition arises out of the order passed by the learned Additional Sessions Judge, Amravati below Exh.5 on 09.02.2017 in Misc. Civil Application No. 126 of 2016, whereby the application for stay filed on behalf of the petitioner was rejected by the learned Judge. He, therefore, submitted that no prejudice will be caused to any of the respondents inasmuch as he is not praying for stay of the order passed by the learned Joint Charity Commissioner, Amravati in Appeal No. 18 of 2015.

4. In application (Exh.5) before the learned Additional Sessions Judge, the petitioner has prayed for following

2 120321wp4834.17.odt

relief :

"It is, therefore, most humbly and respectfully prayed that the Hon'ble Authority may be pleased to grant stay to the operative para no.4 of the order passed in Appeal No. 18/2015 decided by the Hon'ble Joint Charity Commissioner, Amravati on 2.07.2016, till the final disposal of the main appeal in the interest of trust and oblige."

The said was rejected. Therefore, the present writ petition.

5. Thus, the present writ petition arises out of an interlocutory order passed by the learned Additional Sessions Judge by exercising power under Section 72 of the Bombay Public Trusts Act, 1950. Misc. Civil Application No. 126 of 2016 filed on behalf of the petitioner under Section 72 of the B.P.T. Act challenging the judgment and order passed by the learned Joint Charity Commissioner, Amravati in Appeal No. 18/2015, is still pending.

6. This writ petition is of 2017. In the light of the aforesaid facts, the submission made on behalf of the counsel for the petitioner that the petitioner does not wish to press application (Exh.5) in Misc. Civil Application No. 126/2016, allows this Court to dispose of this writ petition without observing anything on merits of the matter. That leads me to pass the following order :

ORDER.

1. The Writ Petition is disposed of with a direction to the learned Additional Sessions Judge-2, Amravati, on whose file Misc. Civil Application No.

3 120321wp4834.17.odt

126 of 2016, filed under Section 72 of the Bombay Public Trusts Act is pending, shall decide the said matter as early as possible and within a period of Ten months from the receipt of this order.

2. It is made clear that this Court has not observed anything regarding merits and demerits of the proceeding.

JUDGE Diwale