1512lpa408.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR L. P. A. NO. 408 OF 2011 IN WRIT PETITION NO. 1210 OF 2011 Murlidhar Deosthan Bhamarda Vs. Jt. Charity Commissioner Nagpur ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri A. P. Thakre Adv for appellant. Shri A. D. Sonak AGP for respondent/State. CORAM: B. P. DHARMADHIKARI & P. D. KODE JJ. DATED: 15th DECEMBER, 2011. Shri Thakre is seeking time to produce before this Court the copy of order dated 09.01.1979 in Enquiry No. 718 of 1976 by which trust came to be registered as public trust with the property sought to be disposed of. He states that he has instructions that the property has been bequeathed to trust by oral gift. He is however not sure whether that oral gift finds mention any where on record. Learned AGP appearing for respondent points out that this contention is coming up for first time in L. P. A. and respondent or the learned Single Judge had no occasion to look 1512lpa408.11 2 into it. He is, therefore, opposing grant of any such adjournment. In this situation Advocate Thakre seeks leave to file appropriate application under Section 36(1) of Bombay Public Trust Act before respondent afresh. Accordingly we permit the appellant to move a fresh application complete in all respects with respondent. If such application is moved within a period of two weeks from today, the respondent shall apply his mind a fresh, un-influenced by earlier orders operating in this matter. Letters Parent Appeal is accordingly disposed of. JUDGE JUDGE svk