1 SA 594.2000 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 594 OF 2000 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. V.S.Bedre, Advocate for the appellant. Mr. V.P.Latange, Advocate for respondent no. 1. Mrs. Y.M.Kshirsagar, Assistant Govt. Pleader for respondent no. 2 – State. ............................... CORAM : S.V. GANGAPURWALA, J. DATE : 15/12/2010 PER COURT : 1. This is Appeal arising out of the trust proceedings. 2. The present respondents had submitted Scheme under Section 50-A of the Bombay Public Trust Act [ For short, ‘ said Act ’ ], which came to be approved. The present appellant challenged the said scheme before the District Court. The District Court with some modification, approved the scheme. The appellant being aggrieved by the same, has approached this Court in the present Appeal. 2 SA 594.2000 3. Mr. Bedre, learned counsel for the appellant states that it is the fore-fathers of the present appellant who are looking after the management of the said trust since its very inception. Even the constitution of the Trust lays down that in each and every managing committee, 2 members of the Dravid family would always be the trustees. Though, in the scheme which is submitted by the respondent, more particularly, clause 6 – B and 9, it recites that 2 members of the Dravid family should be included, but they are not permanent members, so also, Mr. Bedre states that the appellants are aggrieved by the observations made by the Additional District Judge, in the Judgment while stating that it is not necessary to have 2 members of the Dravid family as permanent members. 4. Per contra, Mr. V.P. Latange, learned counsel for the respondents submits that the scheme which is framed and modified by the District Court, does not offend the appellants. (2) Two named persons from Dravid family can not be allowed to be the permanent members. That would be against the interest of the Trust itself, nor the same was the intention when the Trust was formed. The learned counsel further submits that if we go through the operative part of the order of the District Court, the only modification made by the Additional District Judge is the mode of appointment of trustees that is in stead by of election, the same shall be appointed by the Assistant Charity Commissioner. As far as that part is concerned, none of the parties 3 SA 594.2000 have a dispute. The learned counsel submits that the Additional District Judge has not modified that part of the clause, which states that 2 members of the Dravid family will be trustees. 5. With the assistance of the learned counsel, I have gone through the Judgment and the scheme which is approved as submitted by the learned counsels. The said scheme is marked as ‘ X ’ for identification. 6. The constitution of the Trust no doubt lays down that 2 members of the Dravid family shall always be the trustees. The present appellants are not aggrieved by any part of the scheme except they have an apprehension that 2 members of the Dravid family are excluded from being trustees more particularly in light of the observations of the Additional District Judge while modifying the scheme. From the perusal of the order, it is manifest that the operative part of the Judgment of the Additional District Judge does not modify that part of the scheme where 2 members from the Dravid family are always to be appointed as trustees. What would be binding, would be the operative part of the order and not the discussion which has been made in the Judgment. When the scheme itself provides for appointment of 2 members of the Dravid family as trustees and the said part is not modified by the Additional District Judge in his order, the appellants can not have any grievance. 4 SA 594.2000 7. In light of the above, the Second Appeal is devoid of any substantial question of law and is dismissed, however with no order as to costs. [ S.V. GANGAPURWALA ] JUDGE knp/SA 594.2000