-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 FIRST FIRST FIRST APPEAL NO.1412 OF 2004 APPEAL NO.1412 OF 2004 APPEAL NO.1412 OF 2004 Dhondiram Santram Kadam & Ors. ...Appellants vs. Shripatrao Dinkarrao Shinde ...Respondent WITH WITH WITH FIRST FIRST FIRST APPEAL NO.1403 OF 2004 APPEAL NO.1403 OF 2004 APPEAL NO.1403 OF 2004 Dhondiram Santram Kadam & Ors. ...Appellants vs. Dashrath Ganpat Dalavi & Ors. ...Respondents Mr.Amit Borkar for the Appellants Mr.S.S.Patwardhan for Respondent No.1 CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 27, 2008 : FEBRUARY 27, 2008 : FEBRUARY 27, 2008 ORAL JUDGMENT: ORAL JUDGMENT: ORAL JUDGMENT: 1. The submissions of the learned Advocates for the parties were heard on the last date. 2. The challenge in the Appeals is to the common Judgment and Order dated 8th August 2004 passed by the learned Ad hoc District Judge, Kolhapur on Misc. Application No.58 of 1999 and the Misc. Application No.173 of 2002. 3. The Appellants in F.A.No.1412 of 2004 filed an application for framing a scheme of the trust by invoking provisions of section 50-A (1) of the Bombay Public Trust Act,1950 (hereinafter referred to as the said Act). On 27th January -2- 1999, an order was passed by the learned Deputy Charity Commissioner approving the scheme in terms of the application made by the Appellants. The order of the Deputy Charity Commissioner was challenged by the Respondents in the Appeals by filing a Misc. Civil Application No.58 of 1999. The Appellants in the F.A.No.1403 of 2004 filed a Misc.Application No.173 of 2002. 4. By the impugned Judgment and Order, the learned Ad hoc District Judge allowed both the Applications and directed the Deputy Charity Commissioner to hear and decide the scheme application afresh. The learned Judge permitted the applicants in Misc. Application No.173 of 2002 to appear and take part in the enquiry. An order of remand was passed on the ground that there was no notice given by the Deputy Charity Commissioner to the trustees. 5. The submission of the learned Advocate for the Applicants was that all surviving trustees were made parties to the claim application and all of them were put to notice of the scheme application. He submitted that it was not necessary to give notice to Ex Officio trustees. His submission is that the applications have been entertained by the learned Additional District Judge without recording any finding on the locus of the Applicants before it. 6. I have carefully considered the submissions. It must be -3- noted here that in the impugned Judgment and Order, the learned Judge has held that the necessity of framing the scheme was certainly established. The learned Judge held that there was an exigency to frame a scheme of the trust. Thus, the order of remand passed by the District Court is a limited order of remand with a direction to issue notice to all concerned parties and to pass a fresh order for framing a scheme. 7. The finding of the learned District Judge is that the notice was not served to some of the trustees. There were ex-officio trustees such as Talathi, the representative of the Municipality, the representative of the local high school, a representative of the Revenue authority etc. 8. It is not possible to interfere with the order of remand passed by the District Court especially when the remand was only a limited remand. As pointed out earlier, the learned Additional District Judge has recorded a finding that necessity to frame a scheme exists and the said issue will not be open before the learned Deputy Charity Commissioner. Hence, no case is made out for interference. 9. Subject to what is stated above, the Appeals are dismissed with no order as to costs. The proceedings before the learned Deputy Charity Commissioner are expedited. Civil Application Nos.4378 of 2004 and 6580 of 2007 do no survive and the same -4- are disposed of. JUDGE JUDGE JUDGE