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Shri Samarth Seva Mandal vs Shri Ramdas Swami Sansthan Trust on 3 May, 2011
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Bombay High Court Shri Samarth Seva Mandal vs Shri Ramdas Swami Sansthan Trust on 3 May, 2011 Bench: B.R. Gavai MP 1 CRA273_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 273 OF 2011 IN SPECIAL CIVIL SUIT NO. 8 OF 2003 1. Shri Samarth Seva Mandal Sajjangad, A Trust registered under the Bombay Public Trusts Act, 1950 Having registered No. F-1 and having Registered office at Sajjangad, Taluka and District : Satara, Through Trustees- 2. Shri Maruti Ganpati Bhosale Ramdasi, President and Trustee Age-63 years, Occ. Religious R/o C/o Shri Samarth Seva Mandal Sajjangad, Taluka and District : Satara 3. Shri Narayan Dattatraya Khuperkar President and Trust Age 72 years, Occ. Retired Residing at 10B, Anjali Colony, Arkashala Nagar, Opp. Arkashala Gondmal, Satara 4. Shri Arvind Vishnu Abhyankar Ramdasi Trustee, age 60 years, Occ. Religious, R/o C/o Shri Samarth Seva Mandal Sajjangad, Taluka and District : Satara 5. Shri Madhav Balkrishna Abhayankar Trustee, Age 67 years, Occ. Business Residing at Limb, Taluka and Dist:Satara 6. Shri Ramkrishna Vinayak Vaidya Trustee, age 50 years, Occ. Hotel Business R/o At Hotel Anandvan Bhavan Dutches Road, Mahabaleshwar Taluka Javli, District : Satara MP 2 CRA273_11 7. Shri Vijay Balkrishna Deshpande Trustee, age 43 years, Occ. Service, Residing at F-2, Shreyas Apartment, 1st Floor, 115, Yadogopal Peth, Satara 8. Shri Ramesh Buva Shembekar Ramdasi Trustee, age 57 years, Occ. Religious Work, R/o C/o Shri Samarth Seva Mandal Sajjangad, Taluka and District : Satara 9. Shri Arun Ramkrishna Godbole, Advisor Age 60 years, Occ. Tax Consultant R/o Anandi Niwas, 69, Shanivar Peth, Satara-2 10.Shri Vishnu Ramchandra Sohoni President, age 74 years, Occ. Nil R/o at 912, Prasanna Apartment, Adjacent to M.S.E.B. Office Bhandarkar Road, Pune 411 004 ... Applicants Versus 1. Shri Ramdas Swami Sansthan Trust Registered under the B.P.T. Act, 1950 Having registration No. A-955, and Having its registered office at Bhavani Peth, Soman Smarak Mandir, Near Rajwada, Satara 415 002 Through its Trustees 2. Shri Suryaji Gavalaksh Swami President and Chief Swamy Age 59 years, Occ. Chartered Accountant Residing at "Raghuchandra", 500A/4, Sadar Bazar, Satara 3. Shri Gangadhar Ramchandra Chaphalkar Swami, age 65 years, Occ. Retired Residing at Plot No. 12, Asmita Apartment Behind Kamat Hotel, Happy Colony, Pune 29 MP 3 CRA273_11 4. Shri

Collector and Court of Wards, Collector's Office, Satara 7. Sou. Jyotsana Chandrashekhar Kolhatkar age 53 years, Occ. Residing at 146, Chamanpur Peth, Satara 8. Shri Janardhan Ganesh Gadre Trustee, age 75 years, Occ. Religious Work Residing at C/o. Shri Samarth Seva Mandal Sajjangad 9. Shri Narhari Anant Kulkarni Trustee, age 52 years, Occ. Editor Residing at Smrutikamal, Shri Chhatrapati Shivaji Nagar Hsg. Society, Sadar Bazar, Satara 1 10.Shri Samarth Seval Mandal Sajjangad Permanent Deposit Trust Duly registered under the Bombay Public Trusts Act, 1950 having registered No. A-1732, Having its office at Western India Trustee And Executor Company Limited, 218, Pratpaganj Peth, Satara-2, Through Trustees 11.Western India Trustee and Executor Company Limited, Trust, 218, Pratapganj Peth, Satara MP 4 CRA273_11 12.Shri Vinayak Kashinath Velankar Trustee, age 80 years, Occ. Retired Residing at Vishram Ashram, 476, Vakilwadi, Sadar Bazar, Satara 1 13.Shri Narayan Mahadev Karmarkar Trustee Age 74 years, Occ. Religious Work Residing at c/o. Shri Samarth Seva Mandal Sajjangad, Taluka and District : Satara 14.Shri Bhaskar Dattatraya Paranajape Age 62 years, Occ. Retired Residing at Paranjape Wada, Shanivar Peth, Satara ... Respondents Mr. G. S. Godbole with Mr. P. M. Arjunwadkar for Applicants. Mr. A. V. Anturkar, Senior Advocate i/b. S. B. Deshmukh for Respondent No. 2. CORAM : B.R. GAVAI, J. JUDGMENT RESERVED ON: 26th APRIL 2011 JUDGMENT PRONOUNCED ON : 3rd MAY 2011 JUDGMENT : Admit. By consent of parties, heard finally. 2. The applicants take exception to the order dated 9th August 2010, passed by the learned 2nd Joint Civil Judge, Senior Division, Satara, below exhibit-110 and 113 in Special Civil Suit No. 8 of 2003 vide which the learned Trial Judge has held that it has the jurisdiction to entertain the suit in question. MP 5 CRA273_11 3. The respondent-plaintiff No. 1 is a trust registered under the provisions of the Bombay Public Trusts Act, 1950 ("said Act" for short). The rest of the plaintiffs are the trustees of the plaintiff No. 1 trust. The defendant No. 1 is also a trust registered under the said Act. Defendant Nos. 2 to 13 are the trustees, office bearers and patrons of the defendant No. 1 trust. The defendant No. 14 is also a trust registered under the said Act. Defendant Nos. 15 to 18 are the trustees of the said defendant No. 14 trust