1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Letters Patent Appeal No.183 of 2010 In Writ Petition No.5967 Of 2009 Chokhoba s/o Narayan Sadavarte And Another. ... Appellants. Versus Anand s/o Madhavrao Nerlikar And Another. ... Respondents. -------- Mr. N.P. Patil Jamalpurkar, Advocate for appellants. Mr. P.V. Mandlik, Senior Counsel i/by Mr. M.M. Nerlikar, for respondent No.1. Mr. S.D. Kaldate, Assistant Government Pleader, for respondent No.2. -------- CORAM: NARESH H PATIL & K.K. TATED, JJ. DATE: 15th SEPTEMBER, 2010 PER COURT : 1) Heard. 2) Perused the order passed by the learned Single Judge and the order of the Assistant Charity Commissioner, Parbhani. 2 3) The learned counsel Shri. Patil Jamalpurkar for the appellants submitted that the application filed by respondent No.1 is to prolong the proceedings of Change Report submitted before the authority. The counsel expressed apprehension that the respondent No. 1 would agitate issue of his membership of the Society which would not be a subject matter of the proceedings of the Change Report. 3) The learned Senior Counsel Shri. P.V. Mandlik appearing for respondent No.1 made it clear that the purpose of filing application by respondent No.1 is to help and cooperate with the authority in final decision of either acceptance or rejection of Change Report in accordance with law. The counsel makes a statement that the respondent No.1 would not insist or press issue of his membership in the proceedings of the Change Report. 3 4) We observe that in the light of the statement made by learned Senior Counsel Shri. P.V. Mandlik, the respondent No.1 shall not be permitted to raise issue of his membership in the proceedings of the Change Report. The application of the respondent No.1 as intervener shall be restricted to his participation in the proceedings of the Change Report only. 5) With these observations the Letters Patent Appeal is disposed of. We direct the Assistant Charity Commissioner Parbhani to dispose of the Change Report proceedings as expeditiously as possible. The parties undertake to cooperate with the authority. Sd/- Sd/- (K.K. TATED, J.) (NARESH H PATIL, J.) rsl/ lpa.183.10