1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO.5721 OF 2009. IN SECOND APPEAL NO.296 OF 2009. Santosh S/o Brijmohan Sharma ... Applicant. Versus Omprakash S/o Shamkishorji Tiwari and others ... Respondents. ... Mr.B.R.Warma, advocate for the applicant. Mr.P.D.Bachate, advocate for the Respondent Nos. 1 and 4. ... CORAM : S.V.GANGAPURWALA,J. Date : 06.09.2010. PER COURT 1. Heard learned counsels for the respective parties. 2 2. Mr.Warma, learned counsel for the applicant submits that the scheme framed U/s 50-A of the Bombay Public Trusts Act, is per se an erroneous. So also the Trustees are indulging in an illegal act and prays for stay of the judgments of the Courts below. 3. Mr.Bachate, learned counsel for the Respondents submits that the Board of Trustees as per scheme framed U/s 50-A of the Bombay Public Trusts Act have already taken charge in the year 2006 and are governing the Trust, as such at this stage, the same can not be disturbed. It appears that the new body has taken over the charge in the year 2006 itself. In light of the same, the working of the body can not be disturbed at this stage. 4. Mr.Warma, further contends that the Respondents are alienating and transferring the properties to the detriment of the Trust and in favour of near relatives of the Trustees and prays for injunction. He also states that vide the order dated 8.4.2010, this Court had directed 3 the parties not to dispose of the Trust property pending the appeal. 5. The Trustees can not deal with the property without the permission of the Charity Commissioner. The Trustees are hereby directed not to alienate, transfer or create third party interest in respect of the Trust properties without seeking permission from the office of the Charity Commissioner. In the event, such an application is made, the applicant shall have every right to oppose the same. With the above observations, the Civil Application No.5721/2009 is disposed of. (S.V.GANGAPURWALA,J.) asp/office/Ca5721.09