✦ Bombay High Court · 13 Aug 2012

Shri Ramesh Devram Sable & Ors. v. Shri Shivappa Bhagwant Kumbhar & Ors.

Writ Petition No. 5600 of 2012R G KETKAR2 min read

Case at a glance

Outcome

Disposed of

With these observations, the Petitions stand disposed of

Provisions considered

Key paragraphs

  • Para 55. With these observations, the Petitions stand disposed of.

Judgment

Shri Ramesh Devram Sable and others Vs. Shri Shivappa Bhagwant Kumbhar and others Respondents WITH WRIT PETITION NO.5605 OF 2012 ... Shri Ramesh Devram Sable and others Vs. Shri Kondaji Hussain Maner (died) & others Petitioners ... Petitioners ... Respondents Mr. A. M. Kulkarni, Advocate for Petitioners in all Petitions. Mr. Sandesh D. Patil, Advocate for Respondent Nos.1 to 4 in all Petitions except W.P. No.5605 of 2012. Mr. Anilkumar Patil, Advocate for Respondent Nos.7 and 8 in W.P.5600 of 2012, Resp. 7 to 15 in WP 5601 of 2012, Resp.7, 9, 12 and 13 in WP 5602 of 2012, Resp. 7, 8, 10 and 12 in WP 5603 of 2012, Resp.7 in WP 5604 of 2012 and Resp.2, 4 to 9 in WP 5605 of 2012. Ms M. S. Bane, B Panel AGP for the Respondent State in all Petitions. P.C.: CORAM : R. G. KETKAR, J. DATE : 13TH AUGUST, 2012 Heard Mr. Kulkarni, learned Counsel for petitioners, Mr. Sandesh Patil and Mr. Anilkumar Patil, learned Counsel for their respective respondents and Ms Bane, learned AGP for the Charity Commissioner in all Petitions.

2.

By these Petitions under Article 227 of the Constitution of India, the petitioners have challenged the order dated 18.06.2012 passed by the WP5600_12&group.sxw learned District Judge - 3, Sangli. By that order, the learned District Judge simply issued notice to the respondents and did not continue the stay, which was granted earlier on 17.04.2012 and 05.05.2012.

3.

After hearing the learned Counsel appearing for the parties and after perusing the material on record, it is evident that that the petitioners have filed applications before the learned District Judge, Sangli challenging the order dated 17.04.2012 passed by the Joint Charity Commissioner, Kolhapur. Pending those applications, the petitioners took out applications for stay. On 17.04.2012, the learned Joint Charity Commissioner stayed his own order passed on 17.04.2012 till

17.05.2012. Subsequently, on 05.05.2012, the said order was continued till 17.06.2012. However, on 18.06.2012, the learned District Judge issued notices to respondents and did not continue ad-interim stay.

4.

In view thereof, during the pendency of the applications filed before the learned District Judge, there shall be stay to the execution and operation of the order dated 17.04.2012 passed by the Joint Charity Commissioner, Kolhapur. The learned District Judge is requested to decide the applications as expeditiously as possible and in any case within two months from the completion of service on respondents.

Operative part

5.

With these observations, the Petitions stand disposed of.

6.

All contentions of the parties are expressly kept open. Parties agree to appear before the learned District Judge on 21.08.2012. The petitioners will ensure that the unserved respondents are served within two weeks from today. (R. G. KETKAR, J.) (Changes carried out as per the speaking to minutes order dated 17.08.2012 and uploaded afresh.) Minal Parab

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: With these observations, the Petitions stand disposed of

Which statutory provisions did this judgment involve?

Constitution of India — art. 227.

Which court decided this case, and when?

Bombay High Court, on 13 Aug 2012. The bench was R G KETKAR.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Bombay High Court or eCourts case status (search case no. Writ Petition No. 5600 of 2012). ← Search more judgments