1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5202 OF 2010. Nana Kisan Gote -: VERSUS :- Shivaji Shajaji Gote and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : NOVEMBER 25, 2010. Heard Shri A.P. Tathod, learned Counsel for petitioner and Shri V.K. Paliwal, learned Counsel for respondent no.4. Petitioner who was not party to the proceedings since 1997 and in Change Report proceedings or then in Appeal before the Joint Charity Commissioner or then in Civil Appeal before the District Judge, has woken up when the appeal before the District Judge was fixed for judgment after hearing final arguments. He filed an application for permission to be impleaded as party and for grant of hearing, contending that adverse comments have 2 been made about the members enrolled prior to 1997 by the Joint Charity Commissioner. That application has been rejected by the District Judge-I, Washim. According to the learned Counsel there is no adjudication about enrollment or validity of membership of petitioner by any Authority and petitioner was not aware of any comment. Respondent nos. 1 and 2 who have filed said appeal before the District Court are seeking adjournment through learned Counsel Shri Kashid. Shri Paliwal, learned Counsel for respondent no.4 has opposed the prayer. He has pointed out that the respondent nos. 1 and 2 and petitioner are in collusion. It is not necessary for this Court to record any finding at this stage about collusion. The petitioner, who claims to be a member has not cared to show how he has exercised those rights from 1997 till 2010. I do not find any jurisdictional error or perversity in the approach of the District Judge. With liberty to petitioner to challenge the order passed by the District Judge after the appeal is decided, Writ Petition is disposed of. No costs. JUDGE Rgd.