1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi WRIT PETITION NO. 2236 OF 2009. Nakhuda Mohamed Ali Rogay & Ors. ..Petitioners. v/s. Mohamed Abbas Khatkhatay & Ors. ..Respondents. .... Mr. Girish Godbole, a/w. G.R. Mishra, for Petitioners. Mr. Saeed Akhtar, for Respondent Nos. 1 to 6. .... CORAM : S.J. KATHAWALLA, J. DATE : 12TH JANUARY 2010. P.C. The Writ petition is disposed of by the following order, which is passed by consent of the parties :- (i) The orders passed by the City Civil Court, Mumbai dated 30th June 2009 and the Joint Charity Commissioner dated 25th April 2007, are set aside. (ii) The petitioner shall be at liberty to file a fresh application under section 41E of the Bombay Public Trusts Act, 1950 within one week from today which will be heard and disposed of by the Charity Commissioner himself within a period of sixteen weeks from the date the parties first appear before him. 2 (iii) The Charity Commissioner shall also hear the interim application of the petitioner seeking inspection of the documents and pass his order thereon. (iv) The Charity Commissioner shall not grant time to either side on the date/s fixed for hearing on any ground whatsoever. (v) Parties shall not appeal from any interim orders passed by the Charity Commissioner but shall be at liberty to impugn such orders at the time of impugning the final order passed by the Charity Commissioner. (vi) In the meantime, respondent nos. 1 to 6 shall not alienate and/or create any third party rights and/or part with possession of any of the immovable properties of the Trust without obtaining permission from the Charity Commissioner. 2. Needless to add that the Charity Commissioner shall decide the main application of the petitioner as well as the interim applications of the parties on its own merits, without taking into consideration what has transpired earlier and what has been held earlier in the matter. 3. Parties shall appear before the Charity Commissioner with a copy of this order on 18th January 2010 at 11.00 a.m. 3 4. Parties to act upon an ordinary copy of this order duly authenticated by Associate of this Court. 5. Writ petition is accordingly, disposed of. [ S.J.KATHAWALLA, J. ]