1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3786/2007 (Bala Sitaram Mohture & ors. VS. Narayan Laxmanrao Ghathandhe & anr.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mr. Prashant Gode, Adv. for the petitioners. Mr. H.D. Dangre, Adv. for R-1. Mrs. S.S. Wandile, A.G.P. for R-2. CORAM : Smt. Vasanti A. Naik, J. DATED : 8 th OCTOBER, 2008. By this petition, the petitioners challenge the order dated 1/8/2007 by which the entries in Schedule I of the Trust came to be corrected. The respondent no.1 had filed change reports pertaining to the election and the resignations of some of the members of the Trust. The change reports were accepted by the Deputy Charity Commissioner. The petitioners had filed a revision against the same. The revision was allowed. Against the order passed in revision, the respondent no.1 had approached the learned District Judge. The District Judge, however, rejected the application filed by the respondent no.1. Being aggrieved by the orders passed in revision and by the District Court, the respondent no.1 filed Second Appeal Nos. 347/2004 and 348/2004. The appeals 2 were earlier registered as first appeals in the year 2003, but later on, registered as second appeals in the year 2004. When the second appeals came for admission before this Court, this Court directed the parties by the order dated 4/2/2003, to maintain status quo. At the time of passing of the order of status quo on 4/2/2003, the names of the persons mentioned in the change report filed by the respondent no.1, were on record. It is not in dispute that these entries were changed on 3/7/2003 and the names of some other trustees were recorded. Since there was a change in entries on 3/7/2003 after the order dated 4/2/2003 was passed, the respondent no.1 filed a contempt petition. The office of the Deputy Charity Commissioner realised the mistake of making the corrections on 3/7/2003 against the order of status quo passed on 4/2/2003, and corrected the entries by the impugned order dated 1/8/2007. The entry dated 1/8/2007 was made with a view to restore the position, as it was, at the time of issuance of the order of status quo on 4/2/2003. It is worthwhile to note that the second appeals were decided by this Court on 4/5/2007 and this Court had further confirmed the order of status quo which was granted on 4/2/2003 and had held that the order of status quo would operate till 3 the change report enquiry was decided by the Deputy Charity Commissioner, after remand. In the backdrop of the aforesaid facts, no fault can be found with the correction of the entries on 1/8/2007. The mistake of changing the entries on 3/7/2003 in spite of the orders of status quo, was realized by the authorities under the Bombay Public Trusts Act and, therefore, the necessary correction was made by the order dated 1/8/2007. The submission made on behalf of the petitioner that the entry dated 3/7/2003 was justified in view of the order passed by the Joint Charity Commissioner in revision, is liable to be rejected as the same would have no bearing on the change of entry on 3/7/2003 as this Court had passed an order of status quo in the second appeals on 4/2/2003. For the reasons aforesaid, the writ petition is dismissed with no order as to costs. JUDGE RMP