ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 1202 OF 2008 APPLICATION NO. 1202 OF 2008 APPLICATION NO. 1202 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO. 355 OF 2008 PETITION NO. 355 OF 2008 PETITION NO. 355 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.S.S.Pakale for the Applicants. Ms.P.S.Cardozo, AGP, for Respondent Nos.4 and 5. Mr.V.M.Thorat with Ms.P.V.Thorat for Respondent Nos. 1 to 3. CORAM CORAM CORAM : R.V.MORE, J. : R.V.MORE, J. : R.V.MORE, J. DATED DATED DATED : 1st August, 2008 : 1st August, 2008 : 1st August, 2008. P.C. P.C. P.C. . Heard Mr.Pakale the learned counsel appearing for the Applicant, Ms.P.S.Cardozo, the learned AGP for Respondent Nos. 4 and 5 and Mr.V.M.Thorat with Ms.P.V.Thoart for Respondent Nos. 1 to 3. 2. By this Civil Application the Applicants have prayed for recalling the order dated 13/03/2008 passed in Writ Petition No.335 of 2008. The aforesaid Writ Petition was disposed of by this Court ( 2 ) by an order dated 13/03/2008 by giving liberty to the Applicants to file appeal against the order impugned in the petition. While disposing of the Petition, this Court observed that the Petitioners have challeged the order under Section 41-D of the Bombay Public Trusts Act-1950 which order is appeable under sub clause 5 of the said Section. 3. Mr.Pakle, submitted that under sub-clause 5 of Section 41-D of the Bombay Public Trusts Act-1950 only trusty who is agrieved by an order of suspension, removal or dismissal can apply to the Court within a period of 90 days. He further submits that Section 41-D proceeding was initiated at Applicants instance and the same came to be dismissed by the order impugned in this Petition. In that view of the matter appeal will not lie to the Court under Sub-clause 5 of Section 41-D of the Bombay Public Trusts Act-1950. 4. Mr.Thorat the learned counsel appearing ( 3 ) for Respondent Nos. 1 to 3 supports the impugned order dated 13/03/2008. 5. Having heard the learned counsel appearing for the respective parties and having gone through the order in question, in my opinion there is merit in the submission of Mr.Pakle. The Applicants preferred an application under Section 41-D of Bombay Public Trusts Act-1950 for removal of Respondent Nos.1 to 3 trusties. This application is dismissed by an order dated 30/06/20007 which was impugned in the Writ Petition. The conjoint reading of sub-clause 1 and 5 of Section 40-D of Bombay Public Trusts Act-1950 reveals that the appeal can be filed only by the trusty/trusties who are suspended, removed or dismissed. In that view of the matter, I am of the opinion that the order dated 13th March, 2008 passed on wrong footings. Therefore, the same is revoked. The office is directed to place this Petition for admission on 25/08/2008. ( 4 ) 6. The Civil Application is disposed of, accordingly. [ R. V. MORE, J.] R. V. MORE, J.] R. V. MORE, J.]