:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1926 OF 2007 WITH CIVIL APPLICATION NO.3388 OF 2007 Shri Rajendra Dattatraya Bhosale & Ors. .. Appellants. Vs. Shri Ranganath Balwant Yelmar and Ors. .. Respondents. Mr.S.V.Pitre for the appellants. Mr.J.Shekhar for the respondents. CORAM : R.M.SAVANT, J. CORAM : R.M.SAVANT, J. CORAM : R.M.SAVANT, J. DATED : 31ST JULY, 2008. DATED : 31ST JULY, 2008. DATED : 31ST JULY, 2008. P.C.: P.C.: P.C.: . The above first appeal challenges the order dated 27.4.2007 passed by the learned District Judge, Pune in Misc. Civil Appeal No.1751 of 2006. The said appeal was filed under section 72 of the Bombay Public Trust Act impugning the order dated 11.8.2006 passed by the Deputy Charity Commissioner in the proceedings under section 50-A of the Bombay Public Trust Act. By the impugned order, the said order passed by the Deputy Charity Commissioner has been set aside and the matter relating to framing of scheme under section 50-A has been remanded back to the said authority. 2. Looking to the nature of the challenge raised in the above Appeal, by consent of the parties the :2: :2: :2: Appeal is disposed of finally at the admission stage. 3. The facts necessary to be cited for adjudication of the above first appeal are stated thus: The proceedings in question relate to the public trust known as Vidyarthi Vikas Mandal, Kasarwadi, Pune. The said trust interalia runs one educational institution. It appears that on account of interse dispute between the trustees number of change reports came to be filed for effecting various changes in the trust. Looking to the large number of change reports filed the need was felt for effecting some changes in the existing scheme. It appears that three persons which included the appellant no.1 abovenamed filed an application for effecting a change in the constitution of the trust, the significant changes that were sought was to change the tenure of the trustees from one year to five years and the second change was for increasing the number of committee members from 7 members to 21 numbers. It appears that proceedings before the Deputy Commissioner culminated in the order dated 11.8.2006 being passed by him resulting in a fresh scheme being settled by the Deputy Charity Commissioner wherein the aforesaid two changes were incorporated. :3: :3: :3: 4. Being aggreived by the order dated 11.8.2006 passed by the Deputy Charity Commissioner, respondent nos.3 to 11 herein carried the matter in appeal under section 70 of the Bombay Public Trust Act to the District Court. The said appeal came to be allowed on the ground that 21 persons, who were to be the first trustees as per the scheme settled by the Deputy Charity Commissioner by the order dated 11.8.2006 were not heard. The learned District Judge was of the view that considering the proceedings being under section 50-A of the said Act it was necessary that the said persons should have been heard, as indicated above it is this order which is impugned in the present appeal. 5. On behalf of the appellant it is contended that they have no serious grievance as regards the remand of the matter to the Deputy Charity Commissioner, however, the trustees who were incharge of the trust prior to settling of the new scheme should be allowed to function as the trustees as the trust is running a school and it is necessary in the interest of administration of the said school that the trustees who were in power prior to the proceedings before the Deputy Charity Commissioner, be allowed to continue and function till the Deputy Charity Commissioner decides the matter on remand. :4: :4: :4: The learned counsel for the respondent Shri Jagtap does not seriously oppose the said submission made on behalf of the appellants but submits that on remand the Deputy Charity Commissioner should be directed to dispose of the proceedings within a particular timeframe. In my view request made by both the learned counsel for the parties appears to be reasonable. Shri Pitre, learned counsel appearing for the appellant also drew my attention to change report No.492 of 2008 filed for the year 2007-08 wherein the names of 7 trustees as per the said order are sought to be brought on the schedule of the trust. It is an undisputed position that the said change report is as yet pending. 6. Considering the well settled position in law in my view the trustees who are mentioned in the said change report No.492 of 2008 would be entitled to act as trustees pending the proceedings before the Deputy Charity Commissioner. The first appeal is, therefore, disposed of with the following directions: (a) The Deputy Charity Commissinoer on remand to decide Scheme Application No.35 of 2006 within a period of six months from date. (b) The Deputy Charity Commissioner would give an :5: :5: :5: opportunity of being heard to all the concerned parties. (c) In the meantime pending disposal of the said scheme application being No.35 of 2006 before the Deputy Charity Commissioner the persons mentioned as trustees in change report No.492 of 2008 would manage the affairs of the said trust and in case of any difficulty would be entitled to approach the Charity Commissioner. . The appeal is disposed of accordingly. . Civil application is also disposed of. (R.M.SAVANT, J.) (R.M.SAVANT, J.) (R.M.SAVANT, J.)