2112fa567.95.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO.567/1995 Jyotsna w/o Madhukarrao Kate ...Versus... Prakash Khokale and another Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Shri Rahul Dhande, Adv. h/f Shri A.C. Dharmadhikari, Adv. for appellant] CORAM : A.B. CHAUDHARI, J. DATED : 21.12.2011. Application for amendment of appeal filed by the learned Counsel for the appellant is taken on record. In the present first appeal there is a challenge to the judgment and order dated 30.08.1995 in Misc. Judicial Case No.8/1992, passed by the IInd Additional District Judge, Bhandara, by which the learned Additional District Judge allowed the said application under Section 71 (1) of the Bombay Public Trusts Act, 1950. I have heard learned Counsel for the appellant. None appears for the respondents though served. Having heard learned Counsel for the appellant and upon perusal of the judgment filed with the appeal, I find that by efflux of time, 2112fa567.95.odt 2 namely tenure of the appellant on the post of Secretary having been over, the appeal is rendered infructuous. Learned Counsel for the appellant submits that there is a stigma attached by the earlier Managing Committee to the appellant for her removal from the post of Secretary. The post held by the appellant being of Secretary of the Society and in view of the tenure being over and in view of the fact that none appears for the respondents to contest the limited prayer for deleting the reasons for removal of the appellant - Secretary from the Society, I am inclined to make the following order. O R D E R (i) First Appeal No.567/1995 is disposed of as infructuous. (ii) The reasons for removal of the appellant from the post of Secretary by the Managing Committee of the Society are expunged in view of the expiry of tenure of the appellant as Secretary and also of the Managing Committee and it is made clear that the same shall not act as stigma to the appellant. JUDGE ssw