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2021 (9) TMI 1516 - SC - Indian LawsRefusal to terminate the proceedings in two first appeals arising out of a Scheme decree passed in respect of a temple governed by the Bombay Public Trusts Act, 1950, despite the appellants seeking to withdraw the appeals - view taken by the High Court is that the proceedings in the appeals cannot be terminated merely because of the withdrawal of the appeals by the appellants, since the rights of 3rd parties are also involved is correct or not. HELD THAT:- Such a view may not be correct due to the following reasons:- (i) This Court, by its order dated 22.11.2013, which we have extracted above, has permitted in no uncertain terms, the withdrawal of the appeals. Thereafter it is not open to the High Court to proceed with the hearing of the appeals. (ii) The procedure sought to be adopted by the High court, namely to hear the appeals in the interest of third parties, despite the appellants seeking to withdraw them, is possible only in two circumstances namely, (a) when there are cross objections, which can independently proceed in terms of Order XLI Rule 22(4) CPC; or (b) when a transposition takes place in terms of Order XXIII Rule 1A CPC. In this case, there were no cross objections and hence Order XLI Rule 22(4) has no application. There was also no transposition and hence 3rd parties cannot seek to continue the appeals; (iii) Proceedings for the framing of a Scheme for the administration of a Trust are no doubt proceedings in rem. Therefore, up to the stage of passing of the final decree approving a Scheme, even 3rd parties are entitled to intervene and object to the whole or part of the Scheme. But once the final decree approving the Scheme is passed, any person objecting to the final decree should independently file an appeal and cannot ride piggyback on the appellants’ shoulders. If they choose to do so they have to fall once the appellants withdraw the appeals; (iv) In any case it was the appellants before the High Court who have given an undertaking to this Court at the time of hearing of SLP(C)No.27929 of 2012 that they shall not move the Charity Commissioner for modification or variation of the Scheme. Such an undertaking is not binding on third parties. Therefore, it is not as though the rights of 3rd party intervenors are completely obliterated. They always have their own remedies in law and they cannot insist upon their grievances being addressed to in the appeals filed by the appellants herein. The impugned order of the High Court dated 05.03.2015 is set aside - appeal allowed.
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