1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4716/2008. ( Kalyan Laluji Dongare and others -: versus :- Bhiva Zingruji Kamane and others .) 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. DATED : NOVEMBER 11, 2009. Heard Shri A.P. Thakre, learned counsel for petitioners, Shri R.L. Khapre, learned counsel for respondent nos.1 to 6 and learned A.G.P. for respondent no.7. The matter was before this Court on 07.11.2009. In view of the orders passed on that date and on 24.04.2009, the following order is being passed with consent of the parties. 1. Parties shall produce the accounts in their custody before the Assistant Charity Commissioner, Bhandara by 30.11.2009. 2. The accounts produced by rival group shall be allowed to be looked into by the other group. 3. The Assistant Charity Commissioner may thereafter, attempt to procure missing accounts, if any. 4. The Assistant Charity Commissioner may also at the cost of the Trust, appoint a qualified Chartered Accountant to go through the accounts produced and to reconstruct the same, if such reconstruction is 2 necessary. 5. After re-construction, or even before reconstruction the said Authority is free to take up the Change Reports, particularly the change in relation to immovable property expeditiously, if it finds it proper. 6. Petitioners before this Court shall prepare xerox of the records of the Trust since 1.1.5002 and shall certify the same to be true copy and produce the same before the Assistant Charity Commissioner, along with the originals on a specified date fixed for that purpose by the Assistant Charity Commissioner. The respondents shall then take inspection of original and after their inspection on the said date, the originals will be returned to the petitioners for their day to day use. The dispute between the parties is in relation to purchase of a plot and construction of school building on it. The respondents are claiming it to be trust property and enquiry in that respect is pending. Hence the interim order passed on 07.11.2009 is confirmed and to continue to operate during the pendency of the enquiry in that respect. Petitioners as also respondents shall maintain status quo in relation to the said property during the pendency of the enquiry, and shall not create any third party interest or shall not encumber it in any way. Rule accordingly. Writ Petition is disposed of, with no order as to costs. JUDGE Rgd.