IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO.2617 OF 2007. APPEAL NO.2617 OF 2007. APPEAL NO.2617 OF 2007. .................................................................. Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. .................................................................. Shri P.N.Joshi for the appellants. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 21st January, 2008. : 21st January, 2008. : 21st January, 2008. P.C.: P.C.: P.C.: 1. Heard learned advocate appearing for the appellants. By an order dated 27th August, 1993 the learned Assistant Charity Commissioner directed that Shri Indra Kund Deosthan, Panchavati Nasik be registered as a public trust under the provisions of Bombay Public Trust Act, 1950. An appeal was preferred by the respondent Nos.1 and 2 herein for challenging the order passed by the learned Assistant Charity Commissioner. The learned Joint Charity Commissioner by setting aside the order remanded the application to the learned Assistant Charity Commissioner for holding a de-novo enquiry. In an application made under section 72 of the said Act of 1950 by the present appellants, the said order of remand has been confirmed by the District Court. ... 2 ... 2. The order impugned has been passed on 07th April, 2001. Though the appeal is treated as First Appeal, in view of the settled position of law, the same will be governed by constraints of section 100 of the Code of Civil Procedure, 1908. The order impugned is an order confirming an order passed by the Joint Charity Commissioner of remanding the matter for a de-novo enquiry. In view of the reasons recorded by the District Court, no substantial question of law arises. The appeal is accordingly dismissed. If the learned Assistant Commissioner has not concluded the enquiry in terms of order of remand, he will do so as expeditiously as possible. JUDGE JUDGE JUDGE