vss 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 WRIT PETITION NO.7184 OF 2008 WRIT PETITION NO.7184 OF 2008 WRIT PETITION NO.7184 OF 2008 Mumtaz Ali N. Kazi etc. ... Petitioners V/s. Saleem Ahmed Abdul Kareem & Ors. ... Respondents Mr.N.R. Bubna for Petitioner Mr.S.M. Kamble for Respondent No.1 Ms.P.S. Cardozo, AGP, for Resp. No.3 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J MHATRE, J MHATRE, J. DATED: DECEMBER 16, 2008 DECEMBER 16, 2008 DECEMBER 16, 2008 P.C.: P.C.: P.C.: . The petitioners challenge the order passed by Respondent No.3 refusing to implead them as parties to the proceedings in respect of the change report. The petitioners assert that they are members of the public trust known as the Manmad Education Society since 1998. However, elections were held in the year 2000 and a change report was filed by Respondent No.2. Apparently the Petitioners were not elected to the managing committee of the trust. The issue in respect of their membership is pending before the Civil Judge, Senior Division, Nashik. In 2006 a new change report was filed on account of the death of one of the members. The Petitioners have sought impleadment as respondents at the hearnig of this change report. It is submitted that the petitioners are "persons interested" as defined u/s : 2 : 2(10) of the Bombay Public Trusts Act and, therefore, they should be impleaded as parties to the change report. 2. The application of the petitioners before Respondent No.3 has been filed u/s 73A of the Bombay Public Trusts Act. This section provides that in any proceedings under the Act, a person who has an interest in a public trust may be joined as a party to the proceedings on an application made by him. The expression "person having interest" has been defined u/s 2(10) of the Act. It is an inclusive definition and reads as under: (10) "person having interest" includes - (a) in the case of a temple, person who is entitled to attend at or is in the habit of attending the performance of worship or service in the temple, or who is entitled to partake or is in that habit of partaking in the distribution of gifts thereof, (b) in the case of a math, a disciple of the math or a person of the religious persuasion to which the math belongs, (c) in the case of a wakf, a person who is entitled to receive any pecuniary or other benefit from the wakf and includes a person who has right to worship or to perform any religious rite in a mosque, idgah, imambara, dargah, maqbara or other religious institution connected with the wakf or to participate in any religious or charitable institution under the wakf, (d) in the case of a society registered under the Societies Registration Act, 1860 (XXI of : 3 : 1860), any member of such society, and (e) in the case of any other public trust any trustee or beneficiary. 3. The petitioners have not pleaded anywhere in their application filed under section 73A of the Act as to how they "have an interest" in the public trust and consequently in the change report. Admittedly, they do not fall into any of the aforesaid categories mentioned under subsection 10 of section 2 of the Act. Therefore, it was all the more necessary for the petitioners to make out a case in their application for impleadment that they were persons interested in the change report. Not having done so, in my view, the petitioners have rightly been refused their prayer. The contention, that the Petitioners have an interest in the public trust as members because the issue regarding their membership is pending before the civil court, is also without merit. No interim orders have been passed by the civil court for continuing the Petitioners as members. 4. In these circumstances, the application has been rejected by Respondent No.3 and there is no need to interfere with the impugned order. 5. Hence, the petition is rejected.