1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2352 OF 2008 WITH CIVIL APPLICATION NO. 6084 OF 2008 Anandrao Dhondiram Chaugule........Appellant versus Bhogawati Shikdhan Prasarak Mandal & ors...... Respondents. Mr. H.S. Venegavkar adv. for the Appellant NoneS for the respondents CORAM: A. P. DESHPANDE, J. DATED : 7th JANUARY, 2009. P.C.: 1. An order passed by the District Judge, on an application moved under section 72 and under section 70-A of the Bombay Public Trust Act, rejecting the applications, has given rise to the filing of the First Appeal. 2. The appellant submits that he had moved an application for impleadment as party in the proceedings instituted by respondent no.2. However wrongly his application came to be rejected. The proceedings initiated by respondent no.2 were with a view to have the bye-laws amended pursuant to the resolution passed by the general body in the meeting held on 29-4-2002. However according to the respondent no.2 the 2 general body at a subsequent point of time, in the meeting held on 24-8-2005, resolved to withdraw the proposed amendment in view of the pendency of the scheme application with the Charity Commissioner. 3. Perusal of the judgment of the District Judge reveals that the application for impleadment was moved by the applicant after the proceedings were already withdrawn and when no proceedings were pending on the file of Charity Commissioner. It is seen from the application dated 17-2-2005 moved by the appellant, that he had filed the said application for impleadment after the change report proceedings were withdrawn by the respondent no.2. In this view of the matter there is no infirmity in the order passed by the District Judge dismissing the application moved by the appellant. As there is no merit in the appeal, the same is dismissed summarily. In view of the dismissal of the appeal, civil application does not survive and the same is also dismissed. (A. P. DESHPANDE, J.) i