FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. __________________________________________________________________________________________________________________________________________________________________________ Office notes, office Memoranda of coram, appearance, court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ____________________________________________________________________________________________________________ WRIT PETITION NO.7964/2009 1. Heard learned counsel for the respective parties. 2. It is not in dispute that late Bhai Udhavrao Patil Gram Vikas Mandal Kasbe Tadawale Tq. & Dist. Osmanabad is a public trust registered under the provisions of Bombay Public Trusts Act, 1950. One Mr. Bhaskar Bhagwan Karanjkar reported alleged change under section 22 of the Act to the learned Assistant Charity Commissioner, Osmanabad. This change was objected by respondent No.1 in this petition. 3. Copy of the order passed by the learned Assistant Charity Commissioner, after remand in change report enquiry application No.237/2004 is on record Anneuxre 'M'. This is order passed on 25.01.2008. The learned Assistant Charity Commissioner, Osmanabad accepted the change report 237/2004, This order is passed on 25.01.2008. This order was challenged by filing appeal No.9/2008 by respondent No.1 before learned Joint Charity Commissioner, Latur region, Latur on 15.02.2008. This appeal 9/2008 has been decided on 08.04.2009. Copy of the judgment annexure 'N' is on record. Learned Joint Charity Commissioner allowed the appeal by order dated 08.04.2009 setting aside the order passed by learned Assistant Charity Commissioner Osmanabad in enquiry application No.237/2004 and rejected the change report in Enquiry application No.237/2004. 4. This order is challenged by respondent No.1 along with others by an application under section 22 of the B.P. T. Act, 1950. It was registered as Misc. Civil application No.90/2009. Copy of application is on record. During the pendency of this application, application Exh.5 has been filed by the applicants before the FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. __________________________________________________________________________________________________________________________________________________________________________ Office notes, office Memoranda of coram, appearance, court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ____________________________________________________________________________________________________________ learned Adhoc District Judge-1, Osmanabad. Application Exh.5 appears to have been filed on 18.04.2009. Therein prayer is made to stay the order till the decision of the appeal. Order impugned makes it clear that earlier order passed by the same court i.e. learned Adhoc District Judge -1, Osmanabad on 30.04.2009. Now this has been vacated and application Exh.5 has been rejected. This is order under challenge. 5. I am not inclined to enter into the merits of this order at this stage, for the simple reason that application under section 22 is pending before learned Adhoc District Judge-1 Osmanabad. Status- quo was directed by the learned Adhoc District Judge-1 Osmanabad on 30.04.2009 and was in operation till date of impugned order i.e. 08.09.2009. This petition is filed by the present petitioner on 16.10.2009. After removal of the office objection, matter was before this court, adjourned from time to time. 6. In my view, status-quo granted by the learned Adhoc District Judge-1 Osmanabad on 30.04.2009 vacated on 08.09.2009 can be further continued for the period of two months with further direction to the learned Adhoc District Judge-1, Osmanabad to decide and dispose of said application. 7. Writ petition stands disposed of with direction to the learned Adhoc District Judge-1, Osmanabad to decide and dispose of Misc. Civil Application No.90/2009 on or before 08.04.2010. Parties who are present before this court are directed to appear before learned Adhoc District Judge-1, Osmanabad on 23.02.2010. The learned Adhoc District Judge-1, Osmanabad, after hearing the parties shall decide application in accordance with the provisions of law. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. __________________________________________________________________________________________________________________________________________________________________________ Office notes, office Memoranda of coram, appearance, court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ____________________________________________________________________________________________________________ 8. Authenticated copy of this order is permitted to the requesting parties. ( S. B. DESHMUKH, J. ) * * * Dt :- 16.02.2010 aaa/7964.09