1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9937 OF 2009 South Indian Association & Ors. .. Petitioners. Vs. South Indian Education Society & Ors. .. Respondents. Mr.S..V.Pitale i/b Manoj Wadekar & Associates for the petitioners. Mr.Kurup for respondent nos.1 to 3. Mr.Rajeev R. for respondent nos.4 to 6. CORAM : D.B. BHOSALE, J. DATED : 26TH NOVEMBER, 2009 P.C. . Heard learned counsel for the parties. 2. By this writ petition, the petitioners have impugned the order dated 2.11.2009 passed by the District Judge allowing the application at Exhibit-5 filed by respondents in civil appeal No.198 of 2009. The appeal is directed against the judgment and order dated 12.2.2009 passed by the Joint Charity Commissioner, Pune Region, Pune, disposing of the application at Exhibit-3 thereby granting interim injunction restraining the respondents from making further encroachment on the right, title and interest of the applicants/petitioners as well as on the property of the petitioners. I have heard learned counsel for the parties for sometime. Counsel appearing for the parties have fairly submitted that I need not record record reasons for 2 disposing of this petition and they have agreed for the following order: (a) The District Judge before whom appeal No.198 of 2009 is pending for hearing shall proceed to hear and dispose of the appeal as expeditiously as possible and preferrably within a period of three months from the date of receipt of this order. The parties are directed to maintain status quo till the disposal of the appeal. (b) Pendency of these proceedings arising from the interim order passed by the Joint Charity Commissioner shall not operate as stay to the further proceedings before the Joint Charity Commissioner, namely, application No.20 of 2008 filed by the petitioners under section 41-D of the Bombay Public Trusts Act, 1960. The Joint Charity Commissioner shall also endeavour to dispose of the application expeditiously. (c) In view of this order, the order impugned in the present writ petition renders ineffective. While passing this order I shall not be understood to have examined merits of the case. The appellate court as well as the Joint Charity Commissioner shall decide the appeal/application pending before them on merits in accordance with law and uninfluenced by this order. With these observations the writ petition is disposed of. (D. B. Bhosale, J.)