1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 584 OF 2007 Nisar Ahmed Mohammad Jahoor & others .. APPELLANTS VERSUS The State of Maharashtra & others .. RESPONDENTS Shri S.V. Gangapurwala, Advocate for the appellants. Mrs. R.K. Laddha, AGP for the State. ===== CORAM : R. M. BORDE, J. DATE : 16 th September 2009 PER COURT : 1 Challenge raised in the appeal is in respect of change in the constitution of Managing Committee of the trust which has occurred in the year 1999. Change reported submitted by the respondents came to be accepted by the Assistant Charity Commissioner on 17-6-1999. Appellants herein raised challenge to the order passed by the Assistant Charity Commissioner by presenting appeal to the Jt. Charity Commissioner which came to be heard and disposed of by the appellate authority on 6-4-2002. Jt. Charity Commissioner upheld the objection raised by the appellants and was pleased to set aside the order passed by the Assistant Charity 2 Commissioner. Respondents herein preferred Miscellaneous Application no. 42/2002 under section 72 of the Bombay Public Trust Act which came to be heard and disposed of by the Adhoc Additional District Judge, Dhule who was pleased to allow the same by order dt. 31-8-2005. It is observed by the first appellate court while setting aside order passed by the Jt. Charity Commissioner that acceptance of change report by the Assistant Charity Commissioner is of merely academic importance. It was further directed to the concerned authorities to hold Annual General Meeting for holding election of the office bearers afresh within stipulated time i.e. on or before 30-10-2005. It is not controverted that the term of office bearers of the Managing Committee is of five years. Dispute pertains to change which has occurred in 1999. Appeal presented by the appellant herein is infact rendered infructuous and the questions raised in the appeal need not be gone into. Learned counsel for the appellant states that dispute pertaining to termination of membership of members of the trust is subject matter of challenge in civil proceeding initiated at the instance of appellants. There is no impediment for prosecuting the litigation raised by the appellant in accordance with provisions of law and dismissal of the instant appeal is of no consequence. Appeal therefore stands dismissed. 3 2 In view of dismissal of the appeal, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/sa584.07.odt