hvn IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL SIDE CHAMBER SUMMONS NO. 142 OF 2009 IN WRIT PETITION NO. 1641 OF 2005 M/s. Sailesh Developers and Anr. ... Petitioners Versus The Joint Chairity Commissioner, Maharashtra State and Ors. ... Respondents Mr. V.L. Desai with Mr. D.G. Rangras for Petitioner. Mrs. Madhubala Kajale, A.G.P. For R. No. 1. Mr. P.K. Samdani, Sr. Counsel i/by M/s. Kishore Thakordas & Co. for R. No. 8. Mr. C.K. Ardeshir i/by Madekar & Co. for R. Nos. 2 and 7. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : FEBRUARY 18, 2010 P.C. The Petitioners by the present petition have challenged the order of the Charity Commissioner whereby sanction has been given to the trust to dispose of its property in favour of Respondent No. 8. By the present amendment, the petitioners seek to add Respondent Nos. 9 to 12. Respondent Nos. 9 to 12 according to Petitioners are the tenants who have been inducted in the premises and who are relatives of the Director of Respondent No. 8. If there are tenanted rooms which are vacant and if the trust during the pendency of this petition are inducting other tenants, it has no bearing in so far as challenge to the order of the Charity Commissioner is concerned. The grievance of the petitioners is that these tenants are inducted by Respondent No. 8 and in the event the order is set aside and fresh bids are invited, the other participating bidders may be at a disadvantage. That can be no ground for the trusts not to get rent from the premises till such time, the Petition is disposed of. In our opinion, therefore, the respondent Nos. 9 to 12 are neither necessary nor proper parties to this petition. We have also gone through various prayer clauses. In our opinion, apart from amendment sought for in Para 10A, in so far as other proposed amendments are concerned, they are not necessary for disposing of the controversy in the petition which is impugning the order of the Charity Commissioner. In the light of that Chamber summons is partly allowed to the extent that amendment in terms of Para 10A is allowed. Amendment to be carried out within two weeks from today. In so far as interim relief sought for in the amendment application, it is always open for the Petitioner if advised to take out motion for such interim relief and disposal of this chamber summons will not stand in their way. (J.H. BHATIA,J.) (F.I. REBELLO,J.)