wp5244­09.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5244 OF 2009 Ganapati Appanna Chavan & Anr. .. Petitioners Versus Vishnu Dattatray Khude & Anr. .. Respondents Mr.Manmath Athalye i/b. Venkatesh Shastry for petitioners Mr.Chetan Patil for respondent No.1 Mr.A.I.Patel, AGP for State. CORAM : S.C.DHARMADHIKARI, J. DATE : 26th July 2011. P.C.: 1] This petition is directed against an order passed on 5th March 2009 by the Deputy Charity Commissioner, Kolhapur under which the matter was fixed for final arguments by holding that the evidence is treated as closed. 2] The petitioners submit that this is not an isolated case but there are four change reports which are directed to be heard. In fact, there are more than four change reports which are mentioned in the order dated 8th December 2005. wp5244­09.doc 2 However, there is a sequence determined in the said order and in such circumstances, when change report No.819 was taken up for recording evidence, it is not known as to what steps have been taken in the earlier three change reports. In these circumstances, closing the evidence without adverting to the consequences, has jeopardised the petitioners opportunity to place their version before the Deputy Charity Commissioner. 3] Having heard both sides at some length and finding that ordinarily this is not a matter for interference in writ jurisdiction because the order is interlocutory and there is no vested right in matters of procedure, yet, in the peculiar facts of this case, interest of justice would be served if this petition is disposed of with a direction to the petitioner to pay cost quantified at Rs.5000/- to respondent No.1 within a period of three weeks from today. After payment of costs and proof thereof is produced, the Deputy Charity Commissioner shall permit the petitioner to lead evidence in change report No.819 of 2003 and, thereafter, proceed with the matter in accordance wp5244­09.doc 3 with law. If the petitioner does produce any proof of payment of such cost, the Deputy Charity Commissioner need not give him any such opportunity and then, the order of Deputy Charity Commissioner dated 5th March 2009 will stand confirmed, meaning thereby that petitioners' right to lead evidence shall stand forfeited. (S.C.DHARMADHIKARI, J)