1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.7329 OF 1996 IN FIRST APPEAL NO.1650 OF 1996 Govind Bhaguji Didhai & Ors. .. Applicants V/s. The Charity Commissioner, Maharashtra State & Ors. ..Respondents Mr.S.V.Sadavarte for the Appellants/Applicants. Mr.A.R.Patil,A.G.P.for Respondent No.1. Mr.A.R.S.Baxi for Respondent Nos. 4 to 9. CORAM : R.M.SAVANT, J. DATED : 12TH SEPTEMBER, 2008. P.C. The above Civil Application was filed alongwith the First Appeal for stay of the impugned Judgment and order passed by the learned District Judge, Pune below Exh.147 in Civil Suit No. 3 of 1970 which was filed challenging the framing of a 2 new scheme for the trust in question. The above Appeal was admitted and in the Civil Application. Ad-interim relief was granted which was operating till this day. However, the Civil Application is as yet pending, in view of the fact that service is not effected on the Respondent Nos. 10 and 11 to the Civil Application who are the Municipal Council Jejuri and Tahsildar Jejuri. In so far as the Municipal Council of Jejuri is concerned, Shri.Sadavarte , the learned counsel for the Applicants/Appellants states that it is not concerned with the relief claimed in the Civil Application and therefore even if the Municipal Corporation is unrepresented in the civil Application it would be of no consequence. In so far as the Tahsildar is concerned Shri Sadavarte states that he is also a formal party and since the learned A.G.P. is present in the Court, a copy of the Application would be served on the learned A.G.P. Pertinently the said Respondents are served 3 in the First Appeal as indicated above, the First Appeal is of the year 1996 and is seemingly kept pending on account of the fact that the above Civil Application is as yet not disposed of. Considering the above fact situation, in my view, there is no impediment in making the Civil Application absolute in terms of an ad-interim order passed on 10th December, 1996 in terms of prayer clause 'c' of the Civil Application. 2. The Civil Application is, accordingly, disposed of. 3. List the First Appeal for final hearing in the week commencing 15th December, 2008 at its appropriate place on the final hearing board. [R.M.SAVANT, J.] 4