1 911 fa.995.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 995 OF 2010 Daji Arjuna Bandagar and others. ... Appellants Versus Dnyanu Mahadev Mane. ... Respondent ----- Mr. A.M.Kulkarni for the Appellants. Mr. S.D.Patil for the Respondent. ----- CORAM : A.S.OKA, J. DATE : 24 th February, 2011. P.C. 1 Heard the learned counsel appearing for the Appellant. 2 This is an appeal under sub-Section (4) of Section 72 of the Bombay Public Trust Act, 1950. Hence the appeal is maintainable only on a substantial question of law. 3 By the impugned judgment and order, the learned District Judge has passed an order of remand for holding a fresh inquiry confined to the question whether the property set out in the Enquiry Application 2 911 fa.995.10 No.836 of 2000 is a trust property or not. The Assistant Charity Commissioner has been directed to conclude the enquiry within a period of six months. 4 The learned counsel appearing for the Appellant submitted that there is absolutely no basis for passing the order of remand and on the basis of reasons recorded the order of remand could not have been passed. He submitted that the suit filed by the Respondent is pending and there is no purpose served by passing the order of remand. 5 I have given careful consideration to the submissions. I have perused paragraph Nos.9 and 10 of the impugned order. In fact, after recording a finding on the basis of documents, to ensure that no prejudice is caused to both the parties, an opportunity has been granted to both the parties to produce further material. The order of remand directs that the proceedings will be disposed of within a period of six months. No substantial question of law arises in this appeal challenging the order of remand. There is no merit in the appeal and the same is 3 911 fa.995.10 accordingly dismissed with no order as to costs. 6 All contentions of the parties on merits are kept open. 7 Civil Application No. 2689 of 2010 does not survive and the same is disposed of. [ A.S.OKA, J ]