Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1496 of 2009 Arun Mulraj Merchant (decd.) Manjula Mulraj Merchant & ors. ...Petitioner V/s. The Municipal Corporation of Greater Mumbai & ors. ...Respondents Mr. P.M.Shah for the petitioner. Mr. R.D.Soni for the respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 18TH FEBRUARY, 2009 : 18TH FEBRUARY, 2009 : 18TH FEBRUARY, 2009 P.C. . Heard Counsel for the parties. 2. There is no reason to doubt the correctness of the finding recorded by the Court below at this stage to the effect that the applicants at present are Trustees of the said trust. On that finding, the view taken in the impugned order is just and appropriate. According to petitioner, however, the trusteeship issue of the applicant is still pending consideration of the competent authority and in the event that proceeding was to be decided against the applicant, it would necessarily follow that they are no more trustees of the said trust. In that case, however, it will be open to the petitioners to bring that position to the notice of the Trial Court, if such changed situation arises on 2 account of the decision of the competent authority. The Trial Court may consider passing appropriate orders as may be advised on its own merits. 3. This petition is disposed of on the above terms. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]