1 56 fa.880.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 880 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.P.Thorat for the Appellants. Mr. Mukesh Subramanium for Respondent Nos.1 to 7. CORAM : A.S.OKA, J. DATE : 10 th June, 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. The settled law is that the appeal will be maintainable only on a substantial question of law. 3 An application was made by the Appellants for modification of clause No.6 of the scheme of a Public Charitable Trust by invoking Section 50-A(1) of the said Act. The said application was allowed by the learned Assistant Charity Commissioner. An application was made under Section 72 (1) of the said Act before the City Civil Court for challenging the order passed by the learned 2 56 fa.880.11 Assistance Charity Commissioner by which modification of the scheme was permitted. By the impugned order, the learned Judge of the City Civil Court has passed an order of remand directing the learned Assistant Charity Commissioner to consider the application for modification of the scheme afresh. The said order is passed on the ground that the applicants before the City Civil Court had no notice of the said application. 4 The order of remand has been passed on the ground that the applicants before the City Civil Court were not heard by the learned Assistant Charity Commissioner. There is no adjudication made by the learned Judge of the City Civil Court on merits. An order of remand has been passed. Hence, no substantial question of law arises. Accordingly, the appeal is dismissed by keeping all contentions of the parties open. 5 Proceedings on remand are expedited. 6 Civil Application No.99 of 2009 does not survive and the same is disposed of. [ A.S.OKA, J ]