1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAS NO. 206 OF 2009 IN SECOND APPEAL NO. 148 OF 2005 (Shriramji Surajmal Goenka & Anr. vs. Ashutosh Jamanalalji Goenka & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. APRIL 03, 2009. The prayer is to permit Respondent No.4/ applicant to withdraw the original documents bearing Exh. Nos. 167 and 170. Both these documents are original sale deeds. The purpose for which the return is claimed is not specified. The documents were filed before the Assistant Charity Commissioner in Akola in Enquiry Case No. 369 of 1993 and said Enquiry was for registration of property as trust property. It is, therefore, obvious that question was whether the properties in those sale deeds are Trust properties or not. The learned counsel for respondent No.4, however, points out that this Court has vide its order dated 16.8.2006 rejected interim prayer and observed that if any third party interests are created by the respondents, the same are subject to final result of present Second Appeal. It is also declared 2 that the respondents or transferees in that event will not be entitled to claim any equity. It is, therefore, contended that interest of appellants before this Court are already protected by this order and hence the originals should be permitted to be withdrawn. The request is being opposed by other side. It is contended that the purpose for which the originals are being taken has not been specified. When this Court has passed the order, original sale deeds were already on record and the request for their return was not made. The question whether those sale deeds can be allowed to be returned during the pendency of present appeal so as to enable Respondent No.4 to create any charge on properties covered thereby, was not argued at that time. Considering the controversy, I am not inclined to permit Respondent No.4 to withdraw the originals. The hearing of Second Appeal is, however, expedited and office to list the Second Appeal for final hearing in the week commencing from 15.6.2009. JUDGE *GS.