1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.3600 OF 2009 1. ANANT S/O DIGAMBAR MUNJE R/O DESHPANDE VETAL AKOT DIST AKOLA 2. SUNIL S/O PANDURANG DESHPANDE R/O AKOT, DIST AKOLA 3. SUDHIR S/O DIGAMBAR JOAT R/O AKOT, DIST AKOLA 4. SANJAY S/O MANOHAR SINDEKAR R/O NEAR YATRA CHOWK, AKOT DIST AKOLA 5. SUDHIR S/O VISHNU KATEKAR R/O AKOT, DIST AKOLA 6. KISHOR S/O RAMDAS DESHPANDE R/O AKOT, DIST AKOLA 7. JAYAWANT S/O DIGAMBAR JOAT R/O NEAR GIRLA GATE AKOLA 8. ANIRUDDHA S/O SHRIKRUSHNA DESHPANDE R/O AKOT, DIST AKOLA 9. SHRIKRUSHNA S/O NARAYAN DESHPANDE R/O AKOT, DIST AKOLA .. PETITIONER/S. VERSUS // 1. SHIKSHAN PRASARAK MANDAL AKOT THR ITS PRESIDENT SS VYAWAHARE R/O JAWAHAR ROAD, AKOT, DIST AKOLA 2. KAMALAKAR BAPURAO JOAT R/O DEVASHISH KESHAVRAO VETAL AKOT, DIST AKOLA .. RESPONDENT/S. 2 _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri A.K.Choube, Advocate for Petitioners. CORAM : R.C.CHAVAN, J. DATED : AUGUST 26, 2009. 1. Heard. 2. Though it would have been desirable for the Assistant Charity Commissioner to proceed promptly to decide the change report as per directions of this Court, since the Assistant Charity Commissioner has chosen to permit the witness summons to be issued to Dr. Rashmi Xavier in respect of the fitness of Shri Kamlakar Joat, who had been examined on behalf of the respondents, no prejudice is likely to be caused to the petitioners by such a course. The petitioners would still be able to prove from the evidence of Dr. Rashmi that either Shri Kamlakar Joat had correctly given admissions, which are allegedly given, or Shri Kamlakar Joat was thoroughly unreliable or even incompetent to be the trustee because of his medical incapacity. Either way the petitioners do not suffer. The petition is, therefore, misconceived, and hence, dismissed. JUDGE RR.