FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.1374 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr N.R.Bubna, for the petitioners. Mr S.G.Deshmukh, for respondent nos 1 and 2. CORAM: D.B.Bhosale,J. DATED: 20.02.2008 P.C.: Heard learned counsel for the parties. This petition is directed against an order dated 8.1.2007 passed by the Assistant Charity Commissioner, Solapur Region, Solapur, in Inquiry Application No.2 of 2006, by which the application has been allowed. The application was filed under section 51 of the Bombay Public Trusts Act seeking permission of the Charity Commissioner to institute a suit for injunction before proper court. Mr Bubna, learned counsel for the petitioners, made a reference to several litigations pending between the Trust and the close relatives of the respondents. Similar reference was also made before the trial Court. However, the petitioners did not produce any documents in support of their contentions. That appears to be a reason why the learned Judge could not consider the submissions of the petitioners in proper perspective and had, therefore, passed the impugned order. Even before this court, the learned counsel for the petitioners has not produce any documents in support of his contentions though the matter has been adjourned by different courts from time to time. Moreover, Mr Deshmukh, learned counsel for the respondents, on instructions, submitted that the suit has been instituted in January,2007 and the petitioners have also filed a written statement immediately thereafter. Keeping that in view and considering the overall facts and circumstances of the case, in my opinion, the impugned order cannot be interfered with in the writ jurisdiction of this Court under Article 227 of the Constitution of India. The writ petition is dismissed.All contentions of the parties are kept open. (D.B.Bhosale, J.)