1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Civil Application No. 2973 of 2010 In First Appeal No. 256 of 1993 Shankarrao v. B.J. Loya and ors -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr H.D. Dangre, Advocate for applicant/ respondents no. 2,3 and 7 Mr P.C.Madkholkar, Adv for appellant Coram: A. P. Bhangale, J Dated : 11th February 2011 1. Heard learned counsel for the applicants/ respondents no. 2, 3 and 7 and learned counsel for appellant. 2. Respondents no. 2,3 and 7 are seeking clarification of the order dated 5.7.2010 passed by this Court on Civil Application No. 1301 of 2010 to the effect that representatives/ members of the School Committee shall be respondent no. 3 as President of the Governing Body and the representatives nominated/selected by respondents no. 2,3 and 7 being management and members of the Governing Body. 3. It appears that respondents no. 2,3 and 7 who have filed this application expressed their difficulty on the ground that although by impugned judgment they were appointed as 2 Trustees along with one M.D. Kimmatkar who is no more living now, they are unable to act as such. It is contended that initially there was no stay to the impugned judgment and order when the appeal was admitted on 5.7.1993. The difficulty to implement the order dated 5.7.2010 is expressed on account of the fact that by communication dated 27.8.2010, appellant is claiming as founder member and President of the Trust and that he has already formed the School Committee. 4. Considering the rival contentions and readiness of the parties for early hearing of the appeal which is of the year 1993, instead of implementing the interim order, it would be in the interest of justice if the parties go for final hearing unless they cooperate mutually to implement the order dated 5.7.2010. Appeal be fixed for final hearing in the week commencing from 28th February 2011. Civil Application disposed of accordingly. JUDGE cjoshi