1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1549 OF 2009 WITH CIVIL APPLICATION NO. 4144 OF 2009 Mr.R.G.Sodhani and ors. ..Appellants. Vs. Mrs. Surabhai Merchant. ..Respondent. Mr.R.D.Soni i/by Mr.S.S.Kudalkar, Advocate for the Appellants. Mr. Subhash Patil i/by Mr.Ajit H.Kenjale for the Respondent Nos. 1 and 2. Mr.J.P.Yagnik, AGP. For the Respondent Nos. 3 and 4. CORAM : R.S. MOHITE, J. DATE : 9th February, 2010 PC : 1 Heard both sides. 2 It transpires that the original order out of which this proceeding filed is an order passed by the Asstt. Charity Commissioner, Greater Bombay Region on a change report bearing No.656/2006. It appears from the order which is on record that the 2 same was passed without giving any reasons or findings as required under Section 22 of the Bombay Public Trust Act. This is one of the several reasons as to why the City Civil Court has dismissed the appeal under Section 72(4) of the Bombay Public Trust Act. Since this is the finding which goes to the root of the matter, counsel appearing for the appellants states that he will not press this appeal if the Asstt. Charity Commissioner is directed to redecide the change report No.656/2006 by giving further hearing to the parties and by passing a proper reasoned order. It is also an admitted fact that Shri. Hamir V. Merchaant had in the year 2003 filed an application U/s.47 of the Act for appointment of the present respondent Nos. 1 and 2 as the trustees of the trust. This application was made to the Charity Commissioner, Greater Bombay and the same is still pending. In the circumstances, appeal is dismissed as withdrawn with the following directions. 3 a) That the Charity Commissioner Greater Bombay will hear and decide the Application No. 7/2003 pending before him within a period of 90 days from the date of receipt of the writ of this court concerning this order. b) That, thereafter, the Asstt. Charity Commissioner, Greater Bombay Region will hear and decide the change report No.656/2006 after hearing both the sides and will dispose off the same within a further period of four months. c) Till this two matters are decided, the present appellants will continue to administer the trust but will not take any policy decision and will not deal with or dispose off or alienate any property or fund of the trust and will spend the amount of the said trust only for day to day affairs of the trust. 4 d) With these directions first appeal stands disposed off. It may be mentioned here that the Advocates for both the sides state that this arrangement and order is agreeable to them. It is also recorded that the contesting parties are present in the court. CIVIL APPLICATION NO.4144 OF 2009 1 As the first appeal has been disposed off by giving directions, civil application also stands disposed off as the same does not survive. ( R.S. MOHITE, J.)