1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.418 OF 2009 1 Babusing s/o Kundansing Chavan, age: 40 years, Occ: Business, R/o Ausa, Tq. Ausa, Dist.Latur. 2 Sirajsab s/o Sarfoddin Shaikh, age: 45 years, Occ: Agril., R/o Ausa, Tq.Ausa, Dist.Latur. 3 Shivaji s/o Sitaram Sagar, age: 35 years, Occ: Business, R/o Ausa, Tq.Ausa, Dist.Latur. 4 Akramkhan s/o Chandkhan Pathan, age: 28 years, Occ: Service, R/o Ausa, Tq.Ausa, Dist.Latur. 5 Mannan s/o Babamiyan Shaikh, age: 38 years, Occ: Business, R/o Ausa, Tq.Ausa, Dist.Latur. 6 Babukhan s/o Chankhan Shaikh, age: 46 years, Occ: Business, R/o Ausa, Tq.Ausa, Dist.Latur. 7 Rajkumar s/o Hanmant Thorat, age: 29 years, Occ: Business, R/o Ausa, Tq.Ausa, Dist.Latur. 8 Shivaji s/o Kishanrao Gaikwad, age: 29 years, Occ: Business, R/o Ausa, Tq.Ausa, Dist.Latur. 9 Mujib s/o Sdijama Sayed, age: 42 years, Occ: Business, R/o Udgir, Tq.Udgir, Dist.Latur. 10 Matin Abdul Rasak Shaikh, age: 40 years, Occ: Business, R/o Bidar, Tq. & Dist.Bidar, Karnataka State. 11 Sow Akhtar Begum w/o Gulam Kadarkhan, age: 52 years, Occ: Household, R/o Ausa, Tq.Ausa, Dist.Latur. Appellants Versus 2 1 Shaikh s/o Afsar Navaboddin, age: 30 years, Occ: Service, 2 Smt.Siddiqui Julekhan Begum Mainoddin, age: 60 years, Occ: Service; 3 Arab Ahmed Talibsab, age: 42 years, Occ: Service; 4 Sayed Osman Ahmedsab, age: 35 years, Occ: Service; 5 Smt.Yasmin Ahmed Arab, age: 35 years, Occ: Service; 6 Shaikh Navboddin Bashimiyan, age: 65 years, Occ: Service; 7 Thengade Mazar Mehtab, age: 52 years, Occ: Service; 8 Prerna Shikshan Prasarak Mandal Ausa, Tq.Ausa, Dist.Latur, through its Secretary. (All Respondents NO.1 to 8 - R/o Afsar Nagar, Power House, Ausa, Tq.Ausa, Dist.Latur.) 9 Gaus s/o Maheboob Shaikh, age: 28 years, Occ: Labour, R/o Khadakpura, Tq.Ausa, District Latur. 10 Banelal s/o Bashumiya Shaikh, age: 37 years, Occ: Business, R/o Khadakpura, Tq.Ausa, District Latur. 11 Abdul Gani s/o Bashidsaheb Shaikh, age: 42 years, Occ: Business, R/o Yakatpura, Emambada, Hyderabad, Andhra Pradesh. 12 Pardip s/o Subhash Malwadkar, age: 40 years, Occ: Business, R/o Opp. S.T.Depot, Ausa, Tq.Ausa, Dist.Latur. 13 Mohmad Sharif s/o Madarsab Shaikh, age: 40 years, Occ: Service, R/o Tembi, Tq.Ausa, Dist.Latur. 14 Sow Farzana w/o Mohmad Sharif 3 Shaikh, age: 30 years, Occ: Household, R/o Tembi, Tq.Ausa, District Latur. Respondents Mr.A.N.Irpatgire, advocate for the appellants. CORAM: R.M.BORDE, J. DATE : 14th October,2009. P.C.: 1 The reporting trustees i.e. Respondents herein reported occurrence of change to the Assistant Charity Commissioner under Section 22 of the Bombay Public Trusts Act; and after considering the report submitted by reporting trustees, the Assistant Charity Commissioner has approved the change. The challenge raised by appellants herein to the orders passed by Assistant Charity Commissioner, by presenting an appeal to the Joint Charity Commissioner, came to be turned down. Appellants herein preferred Misc. Application No.66/2001 under Section 72 of the Bombay Public Trusts Act before the District Court. However, that application came to be rejected. As such, appellants have approached this Court by presenting instant Second Appeal. 2 It has been brought to my notice that the elections to the post of Members of Managing Committee of the Trust were held on 23.07.2000 and term of eleced body was for a period of five years. Admittedly, the term of elected body is already over some four years back. In this view of the matter, without going into the merits of the controversy involved in the matter, I do not deem it appropriate to consider the challenge raised in instant Second Appeal. Appellants, if permissible in accordance with law, may take appropriate steps in respect of change, that might have occurred or may occur in future and dismissal of instant Second Appeal will not be an impediment for raising contentions by the appellants before appropriate forum. 3 Second Appeal stands dismissed. (R.M.BORDE) JUDGE ******* adb/sa41809