Triratna Bouddha Mahasangh Wardha through Its President Dhammachari Harshaveer@ Gopal Jiwane Vs Chandrakirti S/O Natthuji Shambharkar — Bombay HC (2025) — LawSathi Research

Triratna Bouddha Mahasangh Wardha through Its President Dhammachari Harshaveer@ Gopal Jiwane Vs Chandrakirti S/O Natthuji Shambharkar — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Substitution of deceased appellant no. 1(E) with Shri. Prakash Vithobaji Khairkar @ Vardhamma permitted in CAS 40 & 42 of 2024; delay of 215 days in filing the second appeals condoned and appeals ordered to be registered in CAS 38 & 41 of 2024; appeals to be listed for hearing on admission on 16.09.2025 and interim orders, if any, to continue till then.

Issue for consideration

Whether the deceased appellant no. 1(E), Gulabrao Sadashivrao Patil @ Prasannachitta, may be deleted and substituted with the newly appointed trustee Shri. Prakash Vithobaji Khairkar @ Vardhamma in the pending second appeals. +1 more

Court's answer

The civil applications are allowed and the appellants are directed to substitute the name of deceased appellant no. 1(E), Gulabrao Sadashivrao Patil @ Prasannachitta, with that of Shri. Prakash Vithobaji Khairkar @ Vardhamma, the applications being supported by the Assistant Charity Commissioner's order and Schedule-I of the trust notwithstanding opposition.

Ratio / Principle

The civil applications seeking condonation are allowed: the delay of 215 days in filing the second appeals is condoned on the explanation of the engaged advocate's illness, which the respondents did not dispute by reply, and the appeals are directed to be registered.

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Rohit W. Joshi, J.) disposed of four Civil Applications arising in Second Appeal Stamps Nos. 191 and 431 of 2024 (Triratna Bouddha Mahasangh, Wardha v. Chandrakirti Natthuji Shambharkar). (i) CAS 40 & 42 of 2024 allowed: deceased appellant no. 1(E) Gulabrao Sadashivrao Patil @ Prasannachitta substituted with newly appointed trustee Shri. Prakash Vithobaji Khairkar @ Vardhamma, the applications being supported by an order of the learned Assistant Charity Commissioner, Wardha and Schedule-I of the trust, despite opposition. (ii) CAS 38 & 41 of 2024 allowed: delay of 215 days in filing the second appeals condoned on the ground that the engaged advocate was suffering from Cancer, the respondents having opposed but filed no reply disputing the statement. Appeals directed to be registered and listed for hearing on admission on 16.09.2025; interim orders, if any, to continue till then.

1 23. CAs 41.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CIVIL APPLICATION (CAS) NOS. 40 OF 2024 & 38 OF 2024 IN

SECOND APPEAL STAMP NO. 191 OF 2024

Triratna Bouddha Mahasangh, Wardha and ors Vs. Chandrakirti Natthuji Shambharkar and ors.

WITH

CIVIL APPLICATION (CAS) NOS. 42 OF 2024 & 41 OF 2024 IN

SECOND APPEAL STAMP NO. 431 OF 2024

Triratna Bouddha Mahasangh, Wardha and ors Vs. Chandrakirti Natthuji Shambharkar and ors.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

Mr. M. A. Vishnu, Advocate h/f. Mr. R. C. Zambre, Advocate for applicants. Mr. D. R. Bhoyar, Advocate for non-applicants.

CORAM : ROHIT W. JOSHI, J. DATE : 08.09.2025.

CIVIL APPLICATION (CAS) NO. 40 OF 2024 & 42 OF 2024

By these applications the appellants seek to delete the name of deceased appellant no. 1(E)Gulabrao Sadashivrao Patil @ Prasannachitta and add the name of Shri. Prakash Vithobaji Khairkar @ Vardhamma who is a newly appointed trustee.

The contents of the applications are supported by order passed by the learned Assistant Charity Commissioner, Wardha and also the schedule-I of the trust. Therefore, although the applications are strongly opposed, in the considered opinion of this Court, the civil applications need to be allowed by permitting the appellants to substitute the name of appellant no. 1(E)-

Tanmay

2

CAs 41.2024.odt

Gulabrao Sadashivrao Patil @ Prasannachitta with the name of Shri. Prakash Vithobaji Khairkar @ Vardhamma. 3. Hence, the applications are allowed. The appellants are directed to substitute the name of appellant no. 1(E)- Gulabrao Sadashivrao Patil @ Prasannachitta with the name of Shri. Prakash Vithobaji Khairkar @ Vardhamma.

4. The applications are disposed of accordingly. CIVIL APPLICATION (CAS) NO. 38 OF 2024 & 41 OF 2024

There is a delay of 215 days in filing the second appeal.

The delay is explained by stating that the learned advocate, who was engaged in the matter, was suffering from Cancer and, therefore, the delay has occurred in filing of the appeal.

Although, the respondents opposed the applications, they have not filed reply disputing the statement.

In view of the above, the civil applications are allowed. The delay caused in filing second appeals is condoned. The appeals be registered.

The applications are disposed of accordingly.

List the appeals for hearing on admission on 16.09.2025.

Interim order, if any, to continue till then.

(ROHIT W. JOSHI, J.)

Tanmay