1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.3 OF 2008 IN LETTERS PATENT APPEAL NO.64 OF 2005 IN WRIT PETITION NO.9470 OF 2004 Shri Vishwas Ramchandra Agalave & Ors. .. Petitioner Vs. Chinchwad Deosthan Trust & Ors. .. Respondents Mr.V.A.Thorat, Sr.Advocate i/b Smt.Samidha S. Dongare for the petitioner Mr.S.V.Pitre for respondent nos.1 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & A.A.SAYED, JJ. A.A.SAYED, JJ. A.A.SAYED, JJ. DATED : 29TH FEBRUARY, 2008 DATED : 29TH FEBRUARY, 2008 DATED : 29TH FEBRUARY, 2008 (IN CHAMBER AT 2.40 P.M.) P.C.: 1. Heard. 2. The review is sought for order on the ground that the right of the pujari’s offerings is well settled and if the matter is remitted to the Joint Charity Commissioner for examining the issues between the parties under section 41(A) of the 2 Bombay Public Trust Act, it may impinge upon the well settled rights of the pujari. 3. We have examined this in the background of the orders passed by the authorities as well as the learned single Judge and we do not find that remitting the matter back to the Joint Charity Commissioner, who is competent to examine the issue under section 41(A) of the B.P.T. Act, would in any manner affect the well settled rights of the parties. On the other hand, it is in the interest of the trust that such an exercise is undertaken. 4. We are informed that the office of the Joint Charity Commissioner was lying vacant. Recently, a presiding officer has been appointed. We therefore, do not find any error apparent on the face of the record so as to call for review of our order. Therefore, the review application is rejected with a direction to the Joint Charity Commissioner to abide by our orders and take a decision in the matter by extending the period for 6 weeks from the date of communication of the order by consent of the parties. We expect the parties 3 would cooperate in the matter. . Authenticated copy of our order be furnished to the parties so as to enable the authorities to act upon our order. Copy of the order be also transmitted by the Registrar (Judicial) to the Joint Charity Commissioner, Pune. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( A.A. SAYED, J ) ( A.A. SAYED, J ) ( A.A. SAYED, J )