1 caf1974-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTIION rpa CIVIL APPLICATION NO.1974 OF 2009 IN FIRST APPEAL NO.652 OF 2009 Uday Raghunath Ganpule & Anr. .. Applicants V/s. Jeevan Kashinath Relekar & Ors. .. Respondents .... Mr. R. S. Apte, Senior Counsel i/b. Mr. Amol A. Deshpande for the applicants. Mr. Harshad Bhadbhande for the respondent Nos. 1 and 2. Mr. A. R. Patil, AGP for respondent Nos. 8,9 and 10. .... CORAM : A. S. OKA, J. DATE : FEBRUARY 23, 2011. P.C. Heard the learned senior counsel appearing for the applicants who are the appellants. The applicants have impugned Judgment and order dated 18th February, 2009, passed by the learned District Judge, Ratnagiri, by which the existing Scheme of a Public Charitable Trust by the name “Sansthan Shri Bhagwan Parshuram” has been amended. The main objection of the applicants is to the amendment of clause No.20(4) of the existing 2 caf1974-09 Scheme. The submission of the learned Senior Counsel appearing for the applicants is that the hereditary right of performing daily worship of the deity and collecting the offerings placed before the deity conferred on the family of the applicants has been taken away by the amendment of the Scheme. He, therefore, submitted that the right which was in existence for centuries and which was accepted in the year 1984 while framing the Scheme, cannot be disturbed. His submission is that in terms of the amended Scheme, as of today, the trustees have not appointed Pujaris and Sevaks and, therefore, prayer is made for stay of the impugned order modifying the Scheme. 2. I have considered the submissions. As per the impugned order, the amended Scheme has come into force on 1st April, 2009 and this Court has not granted any ad­interim stay till today. 3. We are dealing with a Public Charitable Trust. The amended Clause 20 of the Scheme contemplates that the offerings given or donations offered to the deity in any form shall belong to the Trust. It is obvious that the Trustees will have to maintain an account of the offerings, gifts or donations offered to the deity. 3 caf1974-09 Prima facie, there is nothing wrong with the amended Clause which provides that the offerings, gifts or donations offered to the deity shall belong to the Trust. Even if, the applicants succeed in the Appeal, they can always recover the loss sustained by them as the Trustees are under the obligation to keep an account. Subject to what is observed above, no ground is made for grant of stay. Application is, accordingly, rejected. JUDGE