1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2716 OF 2008 Deccan Education society .. Petitioners Vs Baburao Ganpatrao Shirole and ors .. Respondents Mr A.A.Kumbhakoni, senior counsel i/b R.M.pethe for the petitioners. Mr R.S.Apte, senior counsel i/b P.G.Chavan, for respondent/plff. Mr S.D.Rairikar, AGP, for respondent no.29 CORAM : D.B.BHOSALE, J. DATE : 07/10/2009 PC: 1. Heard learned counsel for the parties. 2. By this writ petition, the petitioners have impugned the order dated 22.11.2007 passed by the Small Causes Court at Pune in Civil Suit No.381 of 1992, by which the application filed by the petitioners for adding Charity Commissioner as a party to the suit has been allowed. This application seems to have been filed in view of the provisions of section 56-B of the Bombay Public Trusts Act,1950. This section says that in any suit in T 2 which any question affecting charitable purpose is involved, the Court cannot proceed to determine such question until after notice has been given to the Charity Commissioner. 3. Mr Kumbhakoni, learned senior counsel for the petitioners, submitted that the Charity Commissioner is not a necessary party since no religious or charitable purpose is involved in the suit. He submitted that if the Charity Commissioner is added as a party to the suit, he is likely to pressurise the petitioners to give up their claim over the suit property. Both these submissions, in my opinion, are devoid of any merits. The petitioners are lessee of the suit property and they run educational institutions and for that purpose use the suit property. If the petitioners ultimately loose in the suit, it is likely to affect charitable purpose. In a suit of this nature, in my opinion, the Charity Commissioner cannot pressurise a trust to submit to the decree. It is always open to the trust to contest the suit on merits. In my opinion, no prejudice would cause to the petitioners if the Charity commissioner is added as a party defendant in the suit. In the circumstances, the writ petition is dismissed. Interim relief, if any, stands vacated. (D. B. Bhosale, J.) 3