Dilip Gajanan Mole and Ors. Vs Nitin Sharad Bhivate and Ors.

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903.LPANo.2302012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE

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LETTERS PATENT APPEAL NO. 230 OF 2012 with CIVIL APPLICATION NO. 396 OF 2012 in

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LETTERS PATENT APPEAL NO. 230 OF 2012

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Dilip Gajanan Moley & Ors. ... Appellants vs. Nitin Sharad Bhivate & Ors. ... Respondents

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Mr.S.S.Patwardhan, Advocate for the Appellants. Mrs.Gata P. Mulekar, Advocate for the Respondent Nos.1 to 3. Mrs.M.S.Bane, B Panel AGP for the Respondent No.6.

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CORAM :NARESH H.PATIL and RAVINDRA V.GHUGE, JJ. DATED :12TH JUNE, 2014

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P.C.

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Perused the order of Single Bench of this Court dated 10/07/2012

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in Writ Petition No. 2763 of 2012 and the other relevant documents placed on record. It is submitted that after filing the Change Report of the year 2011, successive elections took place to constitute Managing Committee of the Trust. The grievance of the appellant is that said change report proceedings u/s. 41D shall be proceeded with.

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Gaikwad RD

903.LPANo.2302012

Hence, without expressing any opinion on the merits of the proceedings pending before the Deputy Charity Commissioner, Kolhapur, we direct the Dy. Charity Commissioner, Kolhapur to decide the Change Reports No.1215 of 2011, 1216 of 2011 and 1221 of 2011 within six months from the receipt of order of this Court. The parties shall cooperate with the Dy. Charity Commissioner to finally dispose of the proceedings. After disposal of the proceedings, the Authority shall take up the proceedings initiated u/s. 41D of the Bombay Public Trust Act, 1950, if necessary.

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We do not find any error in the impugned order passed. The LPA is dismissed. Since the LPA is dismissed, the Civil Application No.396 of 2012 does not survive and stands disposed of.

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(RAVINDRA V.GHUGE,J.) (NARESH .H.PATIL, J.)

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Gaikwad RD

Dilip Gajanan Mole and Ors. v. Nitin Sharad Bhivate and Ors.

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Dilip Gajanan Mole and Ors. v. Nitin Sharad Bhivate and Ors.

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