1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 370 OF 2009 Mahant Shamgir Guru Madhavgir .. APPELLANT VERSUS The State of Maharashtra & another .. RESPONDENTS Shri S.S. Choudhari, Advocate for the appellant. Mrs. R.K. Laddha, AGP for the State. ===== CORAM : R. M. BORDE, J. DATE : 2 nd September, 2009 PER COURT : 1 This is an appeal by original plaintiff raising exception to the concurrent judgments recorded by the courts below. 2 Plaintiff instituted suit claiming declaration of ownership and perpetual injunction in respect of the property which according to the plaintiff, belongs to him. However, it transpires that a trust has been registered and property involved in the dispute is shown to be belonging to the trust. Objection was raised before the trial court as regards 2 entertainability of the suit without securing prior permission of the Charity Commissioner. Learned counsel for the appellant could not substantiate as to how permission from the Charity Commissioner can be dispensed with. It goes without saying that the suit is not entertainable without securing proper permission from the Charity Commissioner. In these circumstances, appeal does not deserve any consideration. However, if the appellant, after securing proper permission from the Charity Commissioner, decides to present the suit, he may do so, if permissible in accordance with the provisions of law and, the suit can be entertained and decided in accordance with the provisions of law. Instant appeal does not involve any substantial question of law. Appeal therefore stands dismissed. 3 In view of dismissal of the appeal, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/sa370.09.odt