=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION LETTERS LETTERS LETTERS PATENT PATENT PATENT APPEAL NO.112 OF 2009 APPEAL NO.112 OF 2009 APPEAL NO.112 OF 2009 IN IN IN WRIT WRIT WRIT PETITION PETITION PETITION NO.2196 OF 2009 NO.2196 OF 2009 NO.2196 OF 2009 Haji Gulam Mohd. Azam Education Trust and anr. ...Appellants v/s Mr Sayyed Bakar Hussaini Abdul Razzak Inamdar @ Shahid and others ...Respondents Mr Prashant Naik for Appellants. Mr A.A. Garge for Respondent Nos.1 and 2. Mr V.S. Masurkar, GP for Respondent Nos.6 and 9. WITH WITH WITH LETTERS LETTERS LETTERS PATENT APPEAL NO.113 OF 2009 PATENT APPEAL NO.113 OF 2009 PATENT APPEAL NO.113 OF 2009 IN IN IN WRIT WRIT WRIT PETITION NO.6521 OF 2008 PETITION NO.6521 OF 2008 PETITION NO.6521 OF 2008 Zubair Rashid Shaikh and anr. ...Appellants v/s Mr Sayyed Bakar Hussaini Abdul Razzak Inamdar @ Shahid and others ...Respondents =2= Mr Y.R. Naik with G.S. Kulkarni i/b Mr S.R. Waghmare for Appellants. Mr A.A. Garge for Respondent Nos.1 and 2. Mr V.S. Masurkar, GP for Respondent Nos.6 and 9. Mr Prashant Naik for Respondent Nos.7 and 8. CORAM CORAM CORAM : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. DATE DATE DATE : 24TH APRIL 2009 24TH APRIL 2009 24TH APRIL 2009 P.C. :- 1. By consent of parties, both the appeals are disposed off in following terms. 2. The order impugned in both the appeals passed by the learned Single Judge as also the order passed on the application filed under section 41-A of the Bombay Public Trusts Act 1950 by the Joint Charity Commissioner, Pune Region, Pune are set aside. That application is remanded back to the Joint Charity Commissioner, Pune Region, Pune for de novo consideration and disposal as directed below. 3. The learned Government Pleader, after taking instructions from the Deputy Charity Commissioner, Pune, =3= states that the change reports Nos.1773 of 2009, 2336 of 1999 and 100 of 2005 will be taken up for consideration immediately and they will be finally disposed off as expeditiously as possible and in any case within a period of four months from today. 4. The parties have undertaken before us that they will fully cooperate with the Deputy Charity Commissioner, Pune in early disposal of the change reports as per the above statement. 5. The Deputy Charity Commissioner, Pune, shall be at liberty to move this Court in case he finds that any of the parties are not cooperating with him in accordance with the undertaking given by them to this Court. 6. The Joint Charity Commissioner, Pune Region, Pune, shall immediately decide the application filed under section 41-A of the said Act in accordance with law and in the light of the findings recorded by the Deputy Charity Commissioner, Pune in the orders passed on the change reports which are now pending before him. All the remedies are left open to the parties against the order that may be passed by the Joint Charity Commissioner, Pune Region, Pune as also the Deputy Charity Commissioner, Pune. Both the appeals are =4= disposed off. Civil application Nos.141 of 2009 and 143 of 2009 are disposed off. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( R.S. MOHITE J.)