1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 9212 OF 2007 IN FIRST APPEAL NO. 535 OF 1990 Govind M. Dacheliya & Ors. vs. Purushottam G. Sarda & Ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 18, 2007. The present application is moved by the appellants as also respondents pointing out compromise reached between them. The application is signed by all parties as also their respective advocates. The advocates request that compromise should be recorded and appeal should be disposed of accordingly. However, I find that the dispute in First Appeal under Section 72 of Bombay Public Trust Act, before me is in relation to enquiry under Section 19 of Bombay Public Trust Act. The terms and conditions of compromise also show that the property of trust is sought to be demolished and new construction is to be made and some portion is to be given to appellant / applicant No.4. Therefore, it will be 2 appropriate for the parties to file this application before the Joint Charity Commissioner. The Joint Charity Commissioner shall decide the said application as early as possible and in any case within a period of three months, if the said application is filed within four weeks from today. In view of these orders, the grievance in the First Appeal is ventilated and the same is, therefore, disposed of. However, the disposal is without prejudice to the rights of the parties in the matter before Joint Charity Commissioner. Rule discharged. Certified copy expedited. JUDGE *GS.