Diliprao Mohanrao Jadhav vs Mohanrao Manikrao Patil
2025 Latest Caselaw 1143 Bom

Bombay High Court

Diliprao Mohanrao Jadhav vs Mohanrao Manikrao Patil on 1 August, 2025

2025:BHC-AUG:20362
                                                                             7-cp-555-2025.odt
                                                     (1)


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                    CONT. PETITION NO. 555 OF 2025

                                         Diliprao Mohanrao Jadhav
                                                   VERSUS
                                         Mohanrao Manikrao Patil
                                                      ...
                      Advocate for the Petitioner : Mr. S.V. Warad h/f Mr. Kedar Warad
                                                      ...
                                          CORAM : S. G. CHAPALGAONKAR, J.

DATED : AUGUST 01, 2025

PER COURT :-

1. Heard Mr. Warad, learned advocate appearing for

petitioner.

2. The petitioner alleges that respondent nos.2 to 11 have

committed willful disobedience of judgment and order dated

11.12.2023 passed by this Court in Writ Petition No.13983 of 2023.

Perusal of order passed by this Court would show that learned Joint

Charity Commissioner, Aurangabad had vacated interim relief granted

in Appeal No.07 of 2023 by order dated 11.09.2023. This Court

restored interim relief by setting aside order dated 11.09.2023 passed

below Exhibit-2 in Appeal No.07 of 2023. The effect of aforesaid

order is that respondent nos.2 to 11 were restrained from taking

policy decision in the matter of administration of trust.

3. Mr. Warad endeavours to point out that statutory audits

in respect of trust are submitted wherein incorrect information

regarding trustees is given. According to him, the aforesaid act of 7-cp-555-2025.odt

auditor and trustees is in contravention of directions given by this

Court.

4. It is difficult to countenance with aforesaid argument.

The auditor is an independent authority and carries obligation in

terms of Maharashtra Public Trust Rules. If the auditor has given

incorrect information in his report, it may be a matter of independent

action. However, this cannot be linked with order passed by this

Court. The petitioner would be at liberty to take recourse to

independent remedies under law against aforesaid action of auditor

or violation by respondent nos.2 to 11. However, there is nothing to

depict that respondent nos.2 to 11 have violated order of this Court

dated 11.12.2023 passed in Writ Petition No.13983 of 2023.

5. At this stage, Mr. Warad submits that petitioner has

already raised his grievance before Joint Charity Commissioner in

Appeal No.120 of 2024 at Exhibit 33. The petitioner would be at

liberty to pursue his remedy without impeded by this order.

6. In that view of matter, contempt petition stands disposed

of with aforesaid liberty.

(S.G. CHAPALGAONKAR, J.)

Mujaheed//