1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.469 OF 2004 1 Shri Saibaba Shikshan Prasarak Mandal, Itoli, Tq. Jintur, District Parbhani, through its Secretary. 2 Ushatai w/o Vijayrao Jagtap, aged about major, Occ: Service, Vice President of S.S.P.M. Itoli, resident of Akola, District Akola. Appellants Versus 1 Babasaheb s/o Ganeshrao Deshmukh, resident of Bhogaon, Tq. Jintur, District Parbhani. 2 Krishnappa s/o Sakharamappa Tadkase, resident of Itoli, Tq. Jintur, District Parbhani. 3 The Assistant Charity Commissioner, Parbhani Region, Parbhani. Respondents Mr.R.M.Sharma, advocate for the appellants. Mr.A.R.Nikam, advocate for Respondent No.1. Mr.B.A.Shinde, advocate for Respondent No.2. CORAM: R.M.BORDE, J. DATE : 26th August, 2009. P.C.: 1 Instant appeal arises out of the change, which is stated to have occurred in the managing committee of the trust on 07.08.1995. 2 Change Report No.194/1995 was presented and same was accepted by the Assistant Charity Commissioner. Challenge raised in this Second Appeal is as regards acceptance of change by the Assistant Charity Commissioner, in those proceedings. 2 It has been brought to my notice that during intervening period, certain developments have occurred and there are four change reports presented to the Assistant Charity Commissioner, which are pending for consideration, those being Change Report Nos.357/98, 358/98, 606/98 and 370/2009. It has also been brought to my notice that in the year 2009, there were elections to the managing committee of the trust and in view of the elections, new managing committee has assumed to the office. 3 In view of these developments, challenge raised to the proceedings, which are subject matter of challenge in this appeal, does not survive. Second Appeal, in fact. is rendered infructuous in view of the subsequent developments, those have occurred due to changes in the managing committee of the trust. 4 Appeal, therefore, stands dismissed. In view of disposal of appeal, pending Civil Applications do not survive and stand disposed of accordingly. (R.M.BORDE) JUDGE ******* adb/sa46904