1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.418 OF 1996 1 Haji Syed Jaffer s/o Syed Alam 2 Sarvarkha s/o Jalalkha Sahib 3 Shaikh Mohamed s/o Sk.Nawaj 4 Syed Sadeq s/o Syed Jaffer 5 Tajkhan s/o Imamkhan 6 Sk.Ahmed s/o Sk.Fakruddin 7 Syed Mahboob s/o Syed Nadu 8 Syed Hussain s/o Syed Farid (Appeal abated as against Appellant No.8 as per Registrar’s order dated 26.07.2005). All major, R/o Parli Vaijnath, District Beed. Appellants Versus 1 Syed Karim s/o Syed Yasin, age: major, R/o Parli Vaijnath, District Beed. 2 Assistant Charity Commissioner, Beed. 3 Joint Charity Commissioner, Aurangabad. Respondents Mr.Vivek Bhavthankar, advocate for appellants No.1 to 5 & 7. Mr.A.S.Deshmukh, advocate for appellant no.6. Mr.B.N.Patil, advocate for Respondent No.1. Mr.B.V.Wagh, A.G.P. for Respondents No.2 & 3. 2 CORAM: R.M.BORDE, J. DATE : 0 2 nd February, 2010. ORAL JUDGMENT: 1 The matter pertains to challenge in respect of occurrence of change alleged to have taken place in the constitution of management of the trust in the year 1992. The change report tendered by the parties to the litigation was accepted by the Assistant Charity Commissioner. The order passed by Assistant Charity Commissioner appears to have been set aside by the Joint Charity Commissioner, Aurangabad on 31.03.1994. Further challenge raised to the judgment and order, rendered by Joint Charity Commissioner before District Court, has been turned down on 06.04.1996. 2 Learned Counsel appearing for respective parties have informed that after presentation of appeal in this Court in the year 1996, there were elections for electing managing committee of the trust and change reports were also tendered in furtherance of such elections. There are also orders passed by the trust authorities accepting the change for subsequent duration after presentation of instant appeal. 3 In these premises, challenge raised in the instant appeal, is rendered stale. Appeal is rendered infructuous and dismissed as such. In the facts and circumstances of this case, however, there shall be no order as to costs. Pending Civil Applications do not survive and stand disposed of. (R.M.BORDE) JUDGE ******* adb/fa41896