1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR C.A.S.NO.676/2010 SECOND APPEAL NO.201/1996 BHASKAR MAHARAJ SANSTHAN ..V.S. DWARKESHWAR SANSTHAN & ORS Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 16 /11 / 2010 Heard the learned counsel for the parties. By this civil application the applicant seeks permission to join the applicant as party / appellant in place of the original appellant – Bhaskar Maharaj Trust as the authority under the Bombay Public Trust Act has accepted the change report in regard to the amalgamation of the Bhaskar Maharaj Sansthan with the applicant Gajanan Maharaj Sansthan, Shegaon. It is brought to the notice of this court by this civil application that the trustees who had filed the appeal on behalf of the Bhaskar Maharaj Sansthan in the year 1996 have expired during the pendency of the proceedings and had also resigned from the trusteeship in the year 2002. The applicant has further stated in the application that after the pursis was filed by the respondents on 1.8.2010 intimating the court about the death of the appellant no.2 during the pendency of the appeal, there was a need to file the present application as Bhaskar Maharaj Sansthan was amalgamated with the applicant Shri Gajanan Maharaj Sansthan. A copy of the order passed on the 2 application under section 50-A(2) of the Bombay Public Trust Act is annexed to the application. The order dated 3.3.2007 passed by the Joint Charity Commissioner shows that the appellant Sant Bhaskar Maharaj Sansthan Trust stood amalgamated with the applicant Shri Sant Gajanan Maharaj Sansthan trust and the trust was since the date of the order known as Sant Gajanan Maharaj Sansthan. In the facts and circumstances of the case, according to the applicant since the appellant no.2 has expired during the pendency of the appeal, it is necessary to allow this application. Shri Mohta, the learned counsel for the respondent opposes the application on the ground that Change Report was wrongly accepted and the amalgamation was also illegally granted by the Joint Charity Commissioner by the order dated 3.5.2007. The learned counsel for the respondent submitted that the proper procedure was not followed before accepting the change report or passing the orders on the application under section 50-A(2) of the Bombay Public Trust Act. The learned counsel for the respondent submitted that the application is belatedly filed and needs to be dismissed as the same is also not tenable. On hearing the learned counsel for the parties and on perusal of the application and the reply filed thereto, it appears that the applicant has made out a case for grant of the prayer made in this civil application. The order annexed to the application shows that the Joint Charity Commissioner has declared the amalgamation of the trust w.e.f. 3.5.2007 and 3 since the applicant Bhaskar Maharaj Sansthan Trust did not exit after 3.5.2007, and the appellant no.2 also died during the pendency of the second appeal, it has become necessary for the appellant/ Gajanan Maharaj Sansthan Trust to file this application for joining the applicant trust as a party appellant to this appeal. Though this court had directed that C.A.No.1575/2008 would be considered at the time of final hearing, it cannot be said that this application should also be decided at the time of final hearing as none of the appellants exist as on this date and the appeal would abate in case the appellant trust is not impleaded as party / appellant. Hence for the reasons aforesaid, the prayer made in this civil application is granted. The applicant is permitted to be joined as appellant to this appeal. The civil application is allowed and disposed of. JUDGE SMP.