1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 38 OF 2008 CIVIL APPLICATION NO. 38 OF 2008 CIVIL APPLICATION NO. 38 OF 2008 (FOR CLARIFICATION) (FOR CLARIFICATION) (FOR CLARIFICATION) IN IN IN REVIEW PETITION NO. 3 OF 2008 REVIEW PETITION NO. 3 OF 2008 REVIEW PETITION NO. 3 OF 2008 IN IN IN LETTERS PATENT APPEAL NO. 64 OF 2005 LETTERS PATENT APPEAL NO. 64 OF 2005 LETTERS PATENT APPEAL NO. 64 OF 2005 IN IN IN WRIT PETITION NO. 9470 OF 2004 WRIT PETITION NO. 9470 OF 2004 WRIT PETITION NO. 9470 OF 2004 Vishwas Ramchandra Agalave & Ors. .. Petitioners. vs. Chinchawad Deosthan Trust & Ors. .. Respondents. Mr. Sunil Ghatage, for Shri S.R. Ganbavale for the Petitioner. Mr. Mahesh Subramaniam for Shri S.V. Pitre for Respondent No. 1. Mr. C.R. Sonawane, AGP., for Respondent No. 6. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & A.A. SAYED, JJ. A.A. SAYED, JJ. A.A. SAYED, JJ. DATE: 5TH SEPTEMBER, 2008. DATE: 5TH SEPTEMBER, 2008. DATE: 5TH SEPTEMBER, 2008. (IN CHAMBER AT 2.45 P.M.) (IN CHAMBER AT 2.45 P.M.) (IN CHAMBER AT 2.45 P.M.) 2 P.C. . In view of the fact that the Joint Charity Commissioner has already disposed of the application which was filed under Section 41 A and this application is for seeking clarification that all the observations made by this in the judgment under review are made at an interlocutory stage and are prima facie in nature and hence the learned Joint Charity Commissioner should decide the application without being influenced by the observations of this Court, has become infructuous. Dismissed as infructuous. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (A.A. Sayed J.) (A.A. Sayed J.) (A.A. Sayed J.)