( 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 APPELATE JURISDICTION CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION USJ FIRST APPEAL NO.469 OF 2009 FIRST APPEAL NO.469 OF 2009 FIRST APPEAL NO.469 OF 2009 Shree Vithoba Rukhumai Temple Endowment Trust & Ors. ..Appellants V/s. Laxman alias Dada Dashrath Kalbhor & Ors. ..Respondents ALONGWITH ALONGWITH ALONGWITH FIRST APPEAL NO.470 OF 2009 FIRST APPEAL NO.470 OF 2009 FIRST APPEAL NO.470 OF 2009 Shree Ambernath (Kalbhairav) Temple Endowment Trust & Ors. ..Appellants V/s. Laxman alias Dada Dashrath Kalbhor & Ors. ..Respondents ...... Mr. Rajesh S. Datar for the appellants ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 8th April, 2009 DATED : 8th April, 2009 DATED : 8th April, 2009 P.C.: P.C.: P.C.: 1. Both these appeals involve a common point and hence can be disposed of at the stage of admission even in the absence of respondents as no one of them have filed any caveat. 2. Change report No.1175 of 1987 pertains to the trust Shri Ambernath (Kalbhairav) Temple Endowment Trust and Ors. whereas Change Report No.1396 of 1987 pertains to Shri. Vithoba Rakumai Temple Endowment Trust. These Change Reports came to be accepted by the Assistant Charity Commissioner, Pune. Revision Application No.10 of 2003 and Revision Application ( 2 ) No.11 of 2003 came to be filed against the said acceptance of change reports. The said Revision Applications came to be allowed by the learned Joint Charity Commissioner, Pune Region, Pune by order dated 19th June, 2007 and the orders in both these change reports Nos.1175 of 1987 and 1396 of 1987 were set aside and the matter was remanded to Deputy Charity Commissioner for hearing a fresh. This order dated 19th June, 2007 became subject matter of miscellaneous application and the learned District Judge-12 by his order dated 12th February, 2009 in both the matters dismissed the said miscellaneous applications. Against these, two separate appeals are filed. 3. After having considered the record and after hearing of the Counsel for the appellants, I express a view that since the entire matter is remanded to the Court of Deputy Charity Commissioner for consideration of the change Reports a fresh, no interference is required therein. 4. After hearing the aforesaid indication, learned Counsel for the appellants contended that if all questions are left open then there should be no difficulty. In view of this, the appeals are required to be disposed of by passing the following order. ( 3 ) ORDER ORDER ORDER . The order passed in Revision Application No.10 of 2003 and Revision Application NO.11 of 2003 passed by the learned Joint Charity Commissioner, Pune Region, Pune is confirmed. Accordingly, Deputy Charity Commissioner shall consider these two Change Reports Nos.1175 of 1987 and 1396 of 1987 from all angles and parties are free to place their respective contentions before the learned Deputy Charity Commissioner and these contentions will be considered. . All contentions are left open and no views are expressed on the merits of the matter. The Deputy Charity Commissioner, Pune Region, Pune shall finish his job as expeditiously as possible. . Learned Deputy Charity Commissioner shall consider the change report from all angles and do the needful. There shall no order as to costs. The aforesaid order is passed in the presence of appellant No.5 ( 4 ) Mr.Mahadev Sopan Kalbhor. . Civil Application No.1526 of 2009 in First Appeal No.469 of 2009 and Civil Application No.1527 of 2009 in First Appeal No.470 of 2009 are dismissed with no order as to costs. 5. Learned advocate for the appellants across the bar upon the instructions submitted that appellants are in control of the trust property. At this juncture, this Court is not accepting the said statement. Such of the persons who are in control of the trust shall continue to manage the trust in accordance with the provisions of law till further and appropriate orders are passed by the learned Assistant Charity Commissioner, Pune. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)