A civil application allowing registration of a trust under a corrected name after the original applicant died. The court allowed the application based on the applicant's prayer clause B under the Bombay Public Trust Act.
Application allowed as per prayer clause B for registering the trust
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
FARAD CONTINUATION SHEET NO.__________
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD.
CIVIL APPLICATION NO. 6554 OF 2010
IN
SECOND APPEAL NO. 335 OF 2009
Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders |
CORAM : P. R. BORKAR, J. DATE : 15th JULY, 2010.
1 Heard Adv. Shri C.R. Deshpande for the applicants. None present for the respondents.
2 Advocate for the applicants states that same trust was sought to be registered by two persons. Present appellant Devdan Manga Patil wants the trust to be registered as “Christie Mandal Nandurbar” whereas original defendant Fatesingh R. Valvi sought to register the trust as “Nandurbar Christie Mandali, Nandurbar”. After considering the applications, application for
2
registration by present appellant was dismissed whereas the application by Fatesingh was allowed. As against said order, appeal was filed to the Jt. Charity Commissioner and then application to the District Court under section 72 of the Bombay Public Trust Act was filed. In the meantime, Fatesingh had died and Mr. Jems Raisa Panjabi continued on his behalf to represent “Nandurbar Christie Mandali, Nandurbar”. Now it is revealed that even Mr. James Panjabi has expired and therefore this application for bringing “Nandurbar Christie Mandali, Nandurbar” through its President. In the facts and circumstances of the case, application is allowed as per prayer clause ‘B’.
( P. R. BORKAR, J.)
dyb / office / ca6554.10.odt
1 provisions across 1 enactments
Devdan Manga Patil
Fatesingh R. Valvi
Jems Raisa Panjabi
P. R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
