1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3961 OF 2011 WITH WRIT PETITION NO. 3962 OF 2011 Malran Shikshan Sanstha, Viroba Bann Arewadi through 1.Shivappa Bhagwant Kumbhar and ors ..Petitioners Vs Kondaji Hussain Maner and ors. ..Respondents Mr S.S.Patwardhan, Advocate for the petitioners in both. Mr Anilkumar Patil, Advocate for respondent no.1 in both. Ms P.S.Cardozo, AGP, for respondent nos 5 and 6 in both. CORAM: S.C.DHARMADHIKARI,J. DATE : 18/07/2011 PC: 1. Heard both sides. 2. These writ petitions are directed against the interim orders, which have been made in the pending appeals. The Joint Charity Commissioner has, while rejecting the application for stay preferred by the present petitioners in the pending appeals, in my opinion, has made certain sweeping and far-reaching observations and, virtually, rendered final conclusion on the locus of the petitioners as also on the point of legality and validity of change reports. In my view, at this stage, it was not necessary for the Joint Charity Commissioner to give such finding particularly on the debatable and contested issue of T 2 locus-standi of the present petitioners and whether they are affected by the orders on the change reports. Therefore, by clarifying that these conclusions would not bind the appellate authority while deciding the pending appeals and he shall, after hearing both sides, render fresh conclusion on the point of locus-standi of the petitioners and whether they are affected by the change report proceedings, these petitions are disposed of. 3. Needless to clarify that all decisions that may be taken by the respondents in the pending appeals, shall be subject to the final orders in the appeals and they will have to abide by them without prejudice to their legal rights and contentions. Clarifying this, the writ petitions are disposed of. It is further clarified that all observations in the impugned orders are tentative and prima facie and they shall not influence the court while deciding the appeals finally. All contentions of the parties on merits are kept open. (S.C.DHARMADHIKARI, J.) 3