:1: 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 WRIT WRIT PETITION NO.4933 OF 2004 PETITION NO.4933 OF 2004 PETITION NO.4933 OF 2004 Vijay D.Kondke & Anr. ...Petitioners. Versus Shahir Dada Kondke Prathisthan and Ors. ...Respondents. Shri S.V.Pitre for the Petitioners. Shri Sanjay Kshirsagar for Respondents. CORAM CORAM CORAM : S.C.DHARMADHIKARI,J. : S.C.DHARMADHIKARI,J. : S.C.DHARMADHIKARI,J. DATE DATE DATE : 8th FEBRUARY, 2006. : 8th FEBRUARY, 2006. : 8th FEBRUARY, 2006. P.C. P.C. P.C. : : : 1. This Petition under Articles 226 & 227 of the Constitution of India is directed against the order passed by respondent No.4 on 5th February, 2003 dismissing the application preferred by the present petitioners to challenge the certificate of registration granted in favour of first respondent society under the provisions of Societies Registration Act, 1860. This certificate is issued by the competent authority, viz., the Assistant Registrar (Societies), Pune, on 7th August, 1998. 2. In my view, no useful purpose would be served by going into the rival contentions and scrutinising the order of the Registrar, Societies Registration Act and :2: to find out whether it is vitiated by any error apparent or perverse, so as to call for interference, under the above mentioned Articles of the Constitution of India. 3. Admittedly, the Will of late Dada Kondke is being disputed and a Probate Petition for issuance of probate in respect of that Will is pending in a competent Court. That proceeding is being contested by the present petitioners as also the trustees of the first respondent Trust. Ultimately, if the Will is proved to be genuine and authentic and is probated or the probate petition preferred by the executors is rejected, that will decide the fate of the trust/society in question. It is desirable that the petitioners and the contesting respondents sort out the disputes in a competent Court where the Civil Suit is now pending. The registration granted would not in any manner prevent the petitioners from raising appropriate contentions in the pending proceedings as also for the Court below to pass appropriate orders on the basis of the rival contentions and in accordance with law. 4. It is brought to my notice that the Trustees of this trust/society are in possession of immovable properties more particular description of which is set-out at Pages 14 to 23 of the present Petition, save and except, a studio which is in possession of the :3: present petitioners alongwith one Flat situate at Dadar Mumbai (Item No.34). The petitioners as well as the trustees shall maintain status-quo as of today in respect of the properties in their possession and this direction shall abide by the final order in the proceedings which are pending before the probate Court. Petition disposed of. ( S.C.DHARMADHIKARI,J.) S.C.DHARMADHIKARI,J.) S.C.DHARMADHIKARI,J.)