1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL No. 504 OF 2007 (Gopalrao Abhimanji Nathe vs. Prakash Ramdas Chondake & Anr.) 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. JANUARY 21, 2009. The contention of Shri Gordey, learned counsel for the appellant is that in proceedings of present nature, the authorities could not have appointed Ad hoc Trustees. He further states that when one of the trustees whose name figured in Schedule I is available, he ought to have been included and his exclusion in any case is illegal. It is further contended that before selecting trustees, process of verification was not followed and he wants to show that one of the persons so selected was in fact earlier prohibited by Joint Charity Commissioner from being appointed as trustee. Shri Gordey, learned counsel, however, states that the impugned order is dated 16.3.2007 and the trustees mentioned therein were only appointed for six months view a view to hold the elections. He states that accordingly Scheme is settled and he invites 2 attention to the judgment dated 20.7.2007 for that purpose. He also points out that on 11.9.2007 regular trustees have also been elected and that change report was accepted on 19.10.2007. He, therefore, contends that no substantial question of law arises in this appeal and the same needs to be dismissed. After perusal of documents, it is apparent that at this stage, there is no point in considering the contentions raised because the situation has changed and has become irreversible. The scheme has been framed, the impugned order is also implemented and regular trustees have been elected and that election is accepted by the Assistant Charity Commissioner. Though filed as First Appeal, the matter is to be treated as Second Appeal and interference is permissible only if substantial question of law arises. I do not find any such question here. I am, therefore, not inclined to interfere in the matter. First Appeal is accordingly dismissed. No costs. JUDGE *GS.