IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION CIVIL APPLICATION NO.1327 OF 2009 IN SECOND APPEAL NO.580 OF 2008 Namdeo B. Patil & Ors. ...Applicants. v. Rangrao D. Shinde & Ors. ...Respondents. Mr. Venkatesh A. Shastry, adv. For the Applicants. Mr. Tejpal S. Ingale, adv. For the Respondent Nos.2 to 11. CORAM : J.H. BHATIA, J. DATED : 25th September , 2009 P.C. 1 Heard the learned counsel for the applicants. 2 Application is filed by the applicants in the Second Appeal No.580/08 for modification of the order passed by this Court on 9th September, 2008 whereby the Second Appeal was disposed off. That appeal was in respect of an application for modification of the scheme. This Court had directed the Joint Charity Commissioner to dispose off the appeals wherein certain change reports were challenged and after decision of the Joint Charity Commissioner, Assistant Charity Commissioner was to decide application for modification of the scheme within two months. The Joint Charity Commissioner by order dated 6.11.2008 allowed the appeals and set aside the order of the Assistant 2 Charity Commissioner in four change reports and remanded the same to Assistant Charity Commissioner for fresh enquiry and hearing and to decide the same as per law. It appears that the applicant filed an application before the Assistant Charity Commissioner to consider five other change reports submitted by him for different periods from 1989 to 2009 while disposing off the application for modification of the scheme. No order has been passed on that application except endorsement “filed”. Therefore, he has come to this Court seeking direction to the Assistant Charity Commissioner to consider those five change reports also which are shown in paragraph 4 of that application. They bears numbers 2084/07 to 2088/07. 3 After hearing the learned counsel for the applicants, I find that said five change reports were not the subject matter of the Second Appeal. Therefore, I do not consider it appropriate to give any direction to the Assistant Charity Commissioner in respect of those five change reports. However, the applicants shall be at liberty to move the Assistant Charity Commissioner to hear them and Assistant Charity Commissioner may consider that request if decision of those change reports is necessary for decision of the dispute. (J.H. BHATIA,J.)