.{1}. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.299 OF 2007 AGAINST WRIT PETITION NO.5698 OF 2007 --- WITH CIVIL APPLICATION NO.400 OF 2007 IN LETTERS PATENT APPEAL NO.299 OF 2007 Shri.Arvind Thakorlal Vaidya and another. ..Appellants. -Versus- Shri.Deepak Motiram Ghone and others. ..Respondents. .... Mr.C.U.Singh, Sr.Advocate i/b. Mr.Shriram S. Kulkarni, Advocate for the appellants. Mr.V.A.Thorat, Sr.Advocate i/b. Shri.Surel S. Shah, Advocate for respondent Nos.1 to 5. Mr.R.M. Patne, A.G.P., for the respondent Nos.10 & 11. .... CORAM : J.N. PATEL AND CORAM : J.N. PATEL AND CORAM : J.N. PATEL AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATED : 5TH FEBRUARY, 2009. DATED : 5TH FEBRUARY, 2009. DATED : 5TH FEBRUARY, 2009. P.C.:- P.C.:- P.C.:- 1. Heard. 2. This Letters Patent Appeal is preferred impugning the interim order passed by the learned .{2}. Single Judge while admitting the Petition. 3. The matter pertains to management of the Trust which owns immovable property and the issue between the parties is appointment of trustees which was the subject matter of challenge before the learned Single Judge. 4. In the given facts situation, we do not find that the learned Single Judge has committed an error or illegality in permitting the trustee whose appointment is under dispute to continue to function with a rider that "they would not take any decision with regard to alienating or encumbering the trust property or take major policy decisions until this Petition is heard finally." The learned Single Judge has also expedited the hearing of the Petition. 5. We are not supposed to go into the merits of the matter and other proceedings pending between the parties, as we have already observed. Hence, the interim arrangement is to continue till the Petition is decided in terms of the impugned order. .{3}. 6. It will be open to the learned Counsel for the parties to approach the learned Single Judge to seek a fixed date for hearing of the petition for which the counsel for the respondents has no objection, irrespective of a reference in the matter pending before the Division Bench. 7. We further make it clear that the other proceedings pending before the learned Charity Commissioner can proceed on its own merits and to be disposed of in accordance with law. 8. With the above observations, this Letters Patent Appeal is dismissed. In view of dismissal of the Letters Patent Appeal, Civil Application is also disposed of. [J.N.PATEL,J.] [J.N.PATEL,J.] [J.N.PATEL,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]