1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.2621/2009 Kasare Education Society and another. Appellant/s V E R S U S Pundlik Sitaram Desale and others. Respondent. Mr. V.D.Sapkal Advocate for appellant No.2. Surekha Mahajan Advocate for respondent Nos. 2 and 3. CORAM : R.M.BORDE, J. DATE : 6 th JUNE, 2011. PER COURT : 1. This appeal can be disposed of at admission stage as issues raised in the appeal have become stale by passage of time. Dispute pertains to recording of change in the constitution of the Managing Committee of the Trust for a period between 1998-2000. Change report was initially accepted by the Assistant Charity Commissioner where as on consideration of appeal presented by the respondents herein order passed by the Assistant Charity Commissioner was set aside by the Joint Charity Commissioner. The decision rendered by the Joint Charity Commissioner has been 2 confirmed by the 3rd Adhoc Additional District Judge- Dhule on 15.4.2005 while dealing with the application bearing No.52/2003. It is not disputed that there were about 5 change reports bearing Enquiry No.127/1996, 291/1998, 299/2001 and 309/2003 and 476/2003 were presented in respect of change in the constitution of Managing Committee and those were pending. It is informed that during the intervening period, some of the change reports have been disposed of and order passed thereon has been carried before the appellate forum. It is also not disputed that the change occurred in the constitution of the Managing Committee for recent period is also a subject matter of challenge before the authorities created under Bombay Public Trusts Act. It would be futile to go into the issues raised in the appeal which pertains to change occurred in the constitution of the Managing Committee for the period between 1998-2000 in the year 2011. The challenge raised in this appeal in respect of occurrence of change in constitution of Managing Committee of trust during years 1998 to 2000 is rendered merely of academic interest. It would be appropriate to direct the parties to 3 agitate their grievance in respect of occurrence of the change in respect of the recent period in pending proceedings before authorities empowered under Bombay Public Trusts Act or before District Court. It would be open for the parties to raise appropriate objection either before Charity Commissioner or before Appellate authority. It would be open for the Charity Commissioner or appellate authority to consider all the objections, if so raised by the parties and render decision in accordance with law. The findings recorded by the appellate authority i.e. Joint Charity Commissioner as well as District Judge dealing with instant application would not be an impediment in consideration of the objection those would raised by either of the parties before the appropriate forum. With this clarification instant first appeal stand disposed of. In view of disposal of first appeal, pending civil application do not survive and stands disposed of. ( R.M.BORDE ) JUDGE ... aaa/2621.09