1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. L.P.A. NO. 65 OF 2008 IN WRIT PETITION NO. 755 OF 2008 (Madhukar Motiramji Mohurle and others .v. Namdeo Karuji Giradkar and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri S.P. Bhandarkar, Advocate for the appellants. Shri S.R. Deshpande, Advocate for the respondent Nos.1 to 10. Shri S.Y. Deopujari, AGP for the respondent Nos.11 and 12. CORAM : ANOOP V. MOHTA AND C.L. PANGARKAR, JJ. 21ST JULY, 2008 This LPA is against the order dated 26.02.2008 which is reproduced as under :- “Heard both the sides. Rule. Ad-interim stay in terms Prayer Clause (ii) respective parties waives service. Hearing of Revision Application No.2/2008 is expedited. Hamdast allowed.” There is no dispute that pursuant to this order, election was held. The Revision Application No.2/2008 is still pending before the Joint Charity Commissioner, Nagpur. Learned Counsel appearing on behalf of respondent Nos.1 to 10 basically contended that such 2 LPA is not maintainable against the above order. However in view of the following order dated 28.02.2008 passed in the LPA, the election was permitted to be held. “Heard learned counsel Shri Bhandarkar, for the appellants. Issue notice before admission to the respondents, returnable within four weeks. In the meantime, order of ad-interim stay granted by the learned single Judge on 26.02.2008 is stayed. It is made clear that the result of election, which is due tomorrow i.e. on 29.02.2008 would be subject to decision of Revision No.2/2008 pending before the Joint Charity Commissioner, Nagpur.” Without going into that controversy, the fact remains that pursuance to above the election was held on 29.02.2008. Therefore, any contention with regard to the merits in this appeal cannot be gone into in the circumstances. All the factual aspects need detailed enquiry and material to dispose of the said contentions as raised. The Writ Petition is also pending in this Court. The revision Application No.2/2008 is already expedited. Therefore, to avoid further complications, it is 3 desirable that the Joint Charity Commissioner, Nagpur to dispose of the revision as already directed within two months. All points are kept open. By an order dated 28th February, 2008, this Court has made it clear that the result of election on 29.02.2008 would be subject to decision of Revision Application No.2/2008. In totality, therefore, the present LPA is disposed of with above directions. JUDGE JUDGE *rrg.