1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6767 OF 2009 Mrs.Vijaya Pramod Yadav .. Petitioner versus The Society of St.Mary the Virgin in India and others .. Respondents Mr.V.D.Patil for the petitioner. CORAM : A.S.OKA, J. DATE : 17th September 2009. P.C.: . Heard learned counsel appearing for the petitioner. The petitioner is the original defendant. The petitioner made an application at Exhibit 173 contending that the new trustees have not been appointed in place of original plaintiff Nos.6 and 7 who have expired and therefore the 1st respondent trust does not have minimum number of trustees as required by the constitution/scheme of the trust. Therefore, a prayer was made in the application that the suit should not proceed till the deceased plaintiffs are not substituted by some other trustees. The said prayer for stay has been rejected by the trial Court. 2. If according to the petitioner, the suit is not maintainable, he may raise the said contention by filing appropriate proceedings. However, the suit 2 cannot be stayed on the ground for the same is not maintainable. Therefore, the application has been rightly rejected by the trial Court. No case for interference is made out. Subject to what is observed above, the writ petition is rejected. It is, however, made clear that issue of maintainability of the suit is expressly kept open. (A.S.OKA,J)