Vishnu Vithalrao Girhe And Others vs Totaram Pundlik Jadhav And Others
2021 Latest Caselaw 16097 Bom

                                                                         22.WP.30467.21.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                            WRIT PETITION NO.12732 OF 2021

                      VISHNU VITHALRAO GIRHE AND OTHERS
                                    VERSUS
                      TOTARAM PUNDLIK JADHAV AND OTHERS

                                        ...
        Advocate for Petitioners : Mr. Khandare h/f. Mr. D.J. Choudhary
            Advocate for Respondent No.1 : Mr. Shrpad S. Kulkarni
                                        ...

                                    CORAM   :   MANGESH S. PATIL, J.

                                    DATE    :   22.11.2021


PER COURT :

The learned advocate Mr. Kulkarni for the respondent No.1

tenders across the bar affidavit-in-reply which is taken on record.

2. Heard the learned advocate Mr. Khandare holding for Mr.

Choudhary for the petitioner as also the learned advocate Mr. Kulkarni who

appears for the respondent No.1.

3. The petitioners are aggrieved by the judgment and order of the

Assistant Charity Commissioner in a change report inquiry thereby inter alia

holding them not to be the members of the Trust, which order has

subsequently been confirmed by the Joint Charity Commissioner in the

impugned judgment and order dismissing their Appeal.

4. It is admitted that during pendency of the Appeal before the

Joint Charity Commissioner operation and execution of the order of the

Assistant Charity Commissioner to the extent appealed against was stayed.

22.WP.30467.21.odt

The stay was continued even post pronouncement of the judgment under

challenge which was in operation till yesterday.

5. Issue notice to the respondents, returnable on 20.12.2021.

Learned advocate Mr. Kulkarni waives service for the respondent No.1. Till

then there shall be interim relief in terms of the prayer clause (D) subject to

the condition that the petitioners shall not take any policy decision without

the leave of this Court till the next date.

(MANGESH S. PATIL, J.)

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