Shivaji Nagorao Jadhav vs Sakharam Raghunath Kulkarni
2021 Latest Caselaw 13746 Bom

                                                                            942.WP.10196.21.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                            WRIT PETITION NO.10196 OF 2021

Shivaji S/o Nagorao Jadhav,
Age :55 years, Occu. Agriculture,
R/o. Shivray Nagar, Taroda (Khurd),
Tq. & Dist. Nanded.                                      ...       PETITIONER


               VERSUS

Sakharam S/o Raghunath Kulkarni
Age : 62 years, Occ: Reporter,
R/o. Sarpanch Nagar, Nanded,
Tq. & Dist. Nanded.                                      ...       RESPONDENTS

                               ...
Advocate for Petitioner: Mr. V.D. Salunkhe
Advocate for Respondent : Mr. P.R. Katneshwarkar
                               ...

                                      CORAM     :   MANGESH S. PATIL, J.

                                      DATE      :   23.09.2021

ORAL JUDGMENT :

                 Heard.       Rule.   The Rule is made returnable forthwith.             The

learned advocate Mr. Katneshwarkar is appearing on a caveat waives service.

At the request of both the sides, the matter is heard finally at the stage of

admission.

2. The parties are unanimous that the claim of the respondent of

being a member of a trust is sub judice and needs to be decided finally by

the learned Assistant Charity Commissioner. By the impugned order the

respondent has been simply allowed to intervene in the Change Report

942.WP.10196.21.odt

inquiry initiated by the petitioner.

3. The parties unanimously request that the decision as to if the

respondent is a validly enrolled member be decided by the learned Assistant

Charity Commissioner while deciding the Change Report filed by the

petitioner.

4. The Writ Petition is disposed of with a direction to the learned

Assistant Charity Commissioner to decide the issue as to if the respondent is

a validly enrolled member, while deciding the Change Report. This order is

being passed at the joint request of the parties.

(MANGESH S. PATIL, J.)

habeeb