1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.832 OF 2007 WITH CIVIL APPLICATION NO.1187 OF 2007 Ratanshi Premji Charitable Trust & ors..Appellants V/s. Om Health Centres Private Limited ..Respondents & anr Mr.A.K.Abhyankar, Senior Counsel a/w.Mr.Hemant Oltikar, Mr.K.S.Desai i/b.M/s.Legasis Partners, Advocate, for the appellants Mr.V.A.Thorat, Senior Counsel a/w.Mr.Vineet B. Naik i/b.M/s.Prakash & Co., Advocate, for respondent No.1 CORAM : J.H.BHATIA, J. DATE : 13TH FEBRUARY, 2008 P.C. . After lengthy arguments the learned counsel for both the parties agree that without giving any reasons this Court may dispose of this appeal by modifying the impugned order. The defendants are hereby restrained from selling, disposing of, alienating, encumbering, transferring, alienating or creating any third prty interest etc. in respect of the property described 2 in paragraph 2 of the plaint and which are situate at Ovale, Boriwada, Vadwali Taluka and District Thane without prior permission of the Charity Commissioner. The Charity Commissioner before granting any such permission shall hear the plaintiffs also. The Charity Commissioner shall not be influenced by any observation made by the Joint Civil Judge, Senior Division, Thane in the impugned order on Exh.5 in Special Civil Suit No.276 of 2007 . All the contentions of both the parties are left open which may be taken into consideration by the Charity Commissioner. In case, the trust intends to seek permission of the Charity Commissioner to transfer, alienate or create third party interest in the suit property, the trust shall give prior notice to the plaintiffs. The appeal stands disposed of accordingly. 2. As the appeal itself is disposed of, the Civil Application does not survive and also stands disposed of. 3 (J.H.BHATIA, J.)