1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.1027/2009 Dr. Pramilatai V. Tople and others Vs. Dr. Radhesham B. Somani and another. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.M. Ghare, Advocate for the petitioner. Mr. M.G. Sarda, Advocate for respondents 1 and 2. CORAM: B.P.DHARMADHIKARI, J. DATE : 7TH JULY, 2010. 1] Effort of Advocate Ghare is to demonstrate that further proceedings under Section 41D(5)of Bombay Public Trusts Act pending before the Joint Charity Commissioner are rendered infructuous as tenure of the petitioners as elected trustees is already over. According to him, the tenure during which dispute arose is only relevant and any finding in that respect cannot affect further election or fresh tenure of such trustee. 2] Advocate Sarda contends that the order of disqualification was assailed in appeal under Sub Section 41D (5) before the District Court and because of interim orders operating suspension of trustees never came into force. He further contends that an inquiry to find out correct facts is still going on and inquiry cannot be 2 avoided. 3] The appeal is pending before the Competent Court and that Court has for valid reasons referred some issues for recording the evidence to the Joint Charity Commissioner. Said inquiry is pending before the Joint Charity Commissioner. The said Authority, therefore, in due course will be submitting its finding on the referred issues to the Appellate Court. Looking to the nature of inquiry under Section 41D (5) of Bombay Public Trusts Act, at this stage, I am not inclined to entertain this petition in writ jurisdiction. The petition is, therefore, disposed of. Similarly the request of Shri Ghare to direct the issue urged by him to be considered as preliminary issue by the Appellate Court at this stage, also cannot be granted. As the matters are pending since 2005, the Appellate Court can consider all issues together and take appropriate view, in accordance with law. JUDGE Ambulkar.