( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 1686 OF 2005 WITH CIVIL APPLICATION NO. 11828 OF 2005 Sau. Nanda Dilip Chavan .. Appellant Versus Sau. Mangala Prakash Sonwane and ors. .. Respondents Shri R.N. Dhorde, Advocate for the appellant. Shri A.N. Nagargoje, Advocate for the respondents. CORAM : P.R. BORKAR,J. DATED : 15.07.2009 P.C. :- 1. Heard Adv. Shri R.N. Dhorde for the appellant. This is an appeal preferred by the person who filed Change Report No.367 of 1999 before the Assistant Charity Commissioner, Jalgaon. Respondent Nos 1 to 6 also filed objection to said change report alleging that the persons alleged to have been elected as members and office bearers are not members of the trust. The respondents filed Change Report No. 110 of 1999 and 366 of 1999. The Assistant Charity Commissioner decided the matter and rejected Change ( 2 ) Report No.367 of 1999 filed by the appellant. As against the same Appeal No.73 of 2001 was filed by the appellant before the Jt. Charity Commissioner, Nashik. The Jt. Charity Commissioner also dismissed the appeal. As against said decision present appellant filed Misc. Civil Application No. 89 of 2002 before the District Court, Jalgaon and same came to be decided by II Adhoc Additional District Judge, Jalgaon and it is also dismissed by judgment and order dated 16.08.2005. 2. The two points raised before this Court are (i) whether necessary resolution was passed before making certain persons as members of the trust and (ii) whether the receipts Exh.38 to 80 were properly disbelieved. We find sufficient discussion in the judgment of the Trial Court. The judgment delivered by the Jt. Charity Commissioner, Nashik, is very exhaustive. He dealt with all the points. It is not that merely because certain members were relatives of the appellant, their membership was disputed. It is observed that the receipts were of Rs.51/- and from the evidence of reporting trustee and the appellant, it was clear that receipt book was not got printed and then question arose how ( 3 ) receipt Exhs. 38 to 80 were issued. Moreover, the applicant being in custody of record, has not filed any record and accounts to show payment of fees of membership for the years 1995 & 1998. There was no resolution to get enrollment of the members sanctioned. Thus, in para 35 of the judgment of the Jt. Charity Commissioner, we find conclusion preceded by discussion of the evidence on record, in my opinion, the questions which are raised in this appeal are necessarily questions of fact and there are concurrent findings of fact by three authorities. 3. In this view of the matter, the Second Appeal is not admitted. It is dismissed at the stage of admission. Parties to bear their own costs. 4. In view of disposal of this appeal, Civil Application No. 11828 of 2005 does not survive. The Civil Application also stands disposed of. [P.R. BORKAR,J.] snk/2009/JUN09/sa1686.05