Pandharinath Savleram Nawale ... vs The State Of Maharashtra Thro The ...
2022 Latest Caselaw 2788 Bom

                                       1                           SA / 42 / 2022



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                      932 SECOND APPEAL NO.42 OF 2022
                         WITH CA/799/2022 IN SA/42/2022

                PANDHARINATH SAVLERAM NAWALE DIED
           LRS. BABASAHEB PANDHARINATH NAWALE AND ORS.
                               VERSUS
                THE STATE OF MAHARASHTRA THROUGH
                THE DISTRICT COLLECTOR, AHMEDNAGAR

                                        ...
                    Advocate for Appellants : Mr. Bhide Vinod Y.
                                        ...

                                CORAM      : MANGESH S. PATIL, J.

                                DATE       : 22 MARCH 2022

PC :

Heard learned advocate Mr. Bhide for the appellant.

2. The plaintiffs suit for a declaration about being the owner

in possession of the suit property has been dismissed by the trial court

and the decision has been confirmed by the lower appellate court by

judgment and order under challenge.

3. It is pointed out that though the courts below accepted the

fact of they having purchased the suit property, the suit has been

dismissed primarily for the reason that the suit property was owned by

an establishment which was earlier recognised as a trust. However,

the matter was sub-judice before the office of the Charity

Commissioner and after decision by the lower appellate court, the

2 SA / 42 / 2022

Assistant Charity Commissioner by the judgment and order dated

24-11-2021 has refused to recognize it as a trust.

4. Issue notice returnable on 04-05-2022.

[ MANGESH S. PATIL ] JUDGE arp/