(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 5455 of 2007 (In Writ Petition No. 258 of 1985) Dilip Devidasrao Kulkarni & 7 others. .. Applicants versus The State of Maharashtra & 8 others. .. Respondents .......................... Mr. P.R. Katneshwarkar, Advocate, for the applicants. Mr. S.N. Kendre, Assistant Government Pleader, for respondent nos.1 to 4. Respondent no.5 is dead. Mr. K.J. Suryawanshi, Advocate, holding for Mr. D.N. Suryawanshi, Advocate, for respondent nos.6 and 7. Mr. Abhijit Joshi, Advocate, for respondent nos.8 and 9 (Absent). .......................... (2) CORAM : B.R. GAVAI, J. DATE : 7TH DECEMBER 2009. COURT'S ORDER : 1. By way of present application, the applicants are praying that they be substituted in place of original petitioners who had filed Writ Petition No. 258/1985. The applicants have further prayed that the petition be restored at its original position. 2. The Writ Petition No. 258/1985 was disposed of, as abated, as it was brought to the notice of the court, on behalf of respondent nos.5 to 7, that none of the petitioners in the petition was alive. The death certificates issued by the concerned Grampanchayat were also produced on record. 3. Mr. K.J. Suryawanshi, learned Counsel appearing for respondent nos.6 and 7, vehemently opposes the application, on the ground that the petition was filed by the trustees in their individual capacity and not trustees of Shri Datta Mandir Devasthan, Kharola. 4. Perusal of the pleadings would reveal that though it is not specifically averred by the petitioners, that the petition was filed on behalf of the Trust, but from perusal of the averments and the prayer clause, it would reveal that the petition was, in effect, filed for protecting interest of the property of the Trust. It is further to be noted that the (3) applicants have produced on record, the change report accepted by the Assistant Charity Commissioner, Latur, thereby recognizing the present applicants as trustees of Shri Datta Mandir Devasthan, Kharold. In that view of the matter, I am inclined to allow the application. 5. Hence, the application is allowed. The abatement of Writ Petition No. 258/1985 is set aside. The names of the present applicants are permitted to be substituted in place of original petitioners who had filed Writ Petition No. 258/1985. Necessary steps be taken within a period of four weeks from today. ( B.R. GAVAI ) JUDGE ......................... bgp/ca5455