FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6069 OF 2007 -------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s or Court’s or Judge’s orders directions & Registrar’s orders -------------------------------------------------------------------- Mr.V.A. Shastry for the petitioner. Mr.R.B. Deshmukh i/by V.B. Tapkir for the respondents. Mr.S.D. Rayarikar, AGP for the State. CORAM : J.P. DEVADHAR, J. DATED : 27TH JUNE, 2008. P.C. 1. Rule. Rule made returnable forthwith and heard finally by consent of both the parties. 2. Heard counsel for the petitioner, respondent No.1 and respondent No.2A. Other respondents are absent, though served. The learned counsel for the petitioner undertakes to file affidavit of service to that effect within one week from today. 3. In this case, the order passed by the C.J.S.D, Pune on 10-4-2007 dismissing miscellaneous application No.546 of 2006 filed by the petitioner is challenged. The only reason given in the impugned Judgment for dismissing the application is that the scheme in question came into force on 30-10-1950 before the Bombay Public Trust Act came into force. Learned counsel for the contesting respondent No.2A fairly admits that factually the Bombay Public Trust Act came into force on 14th August, 1950 and the scheme in question was framed on 30-10-1950, that is after the B.P.T. Act came into force and hence, the Civil Court will have jurisdiction to entertain the application. 3. In this view of the matter, order dated 10-4-2007 is quashed and set aside. Rule is made absolute. No costs. 4. The Trial Court is directed to dispose of the application expeditiously and preferably within a period of three months from today. J.P. DEVADHAR, J.