IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR WRIT PETITION NO. 5084/2008 [Arvind Dhawad & ors ..vs.. Ghanshyam Rannaware] ===================================== CORAM: S.R. DONGAONKAR, J. DATE: 26.2.2009 . Heard Shri Gode, Advocate for petitioner and Shri Masodkar, Advocate for respondent. 2] Petitioner challenges the order of Joint Charity Commissioner, Nagpur dated 8.8.2008 which reads : “The effect and operation of impugned judgment of learned Assistant charity Commissioner, Nagpur dated 28.3.2001 in Inquiry No.1538/1997 under section 19 of the said Act is stayed until further order.” 3] It is the contention of the learned counsel for the petitioner that the revision applicant in the revision application no.3/2008 i.e. respondent was heard during the proceedings of registration of the said trust. he did not take part in the said proceedings. Relevant impugned order was passed in 2001 and he had moved this revision application in 2008 to challenge the said order. Therefore, it was highly belated. According to him, he has no locus to prefer that revision. 4] He also submits that there was no specific prayer of stay to the registration of the trust, still the Joint Charity Commissioner, Nagpur had granted stay by the impugned order. 5] Learned counsel for the respondent opposes the contention. 6] It seems that the petitioner is challenging the impugned order of granting stay to the said proceedings which is an interim order. It is also brought to my notice that said revision application is likely to be heard finally in March 2009. In these circumstances, I am not inclined to interfere in this petition, as the relevant proceedings can be disposed of on merits in near future; in the extra ordinary writ jurisdiction of this court. 7] In these circumstances, the petition is dismissed. however, the learned Joint Charity Commissioner is directed to hear the application between the parties on merits within next 30 days and dispose of the same, as early as possible and in any case, within a period of 2 months from today. 8] All contentions are kept open. Same shall be decided by the learned Joint Charity Commissioner on merits. Petition dismissed. No order as to costs. JUDGE smp