1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5805/2010 RAJU MURARKA ..VS.. RAJARAM AGRAWAL & OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Miss. Udeshi, advocate for petitioner Shri Gilda for respondent no.5 and 6 Shri Dharmadhikari, AGP for respondent no.7 CORAM : SMT. VASANTI A. NAIK, J. D A T E : APRIL 07, 2011. Heard Miss Udeshi, for the petitioner, Shri J.T .Gilda for the respondent no.5 & 6 and Shri K.L. Dharmadhikari, AGP for respondent no.7. It appears that the petitioner has impugned the order passed by the Joint Charity Commissioner, Amravati dated 18.11.2010, rejecting the application filed by the petitioner for grant of interim order restraining the respondent o.5 and 6 from alienating the property which was purchased by them in view of the permission granted by the joint Charity Commissioner under section 36 of the Bombay Public Trust Act. The learned counsel for the respondent no.5 and 6 has furnished an undertaking signed by respondent no.5 and 6 in the court today. The same is accepted on record and is marked as ‘Exhibit -Z’. The respondent no.6 Shri Rajesh Paliwal is present in the court today. It is informed to this court by the 2 respondent no.6 that he has signed the undertaking and he and the respondent no.5 have agreed that they would not alienate or dispose of the property purchased by them during the pendency of the proceedings filed by the petitioner before the Joint Charity Commissioner under section 36(2) of the Act. In view of the undertaking furnished in this court, the grievance of the petitioner stands redressed as by the application at Exhibit 15, the petitioner had sought the same relief before the Joint Charity Commissioner. In view of the undertaking furnished by the respondent o.5 and 6 today, the writ petition is disposed of with no order as to costs. The Joint Charity Commissioner is directed to decide the application filed by the petitioner under section 36(2) of the Bombay Public Trust Act as early as possible and positively within a period of six months from the date of the appearance of the parties before the Joint Charity Commissioner. The parties undertake to appear before the Joint Charity Commissioner on 2.5.2011 so that issuance of individual notices to the parties could be dispensed with. The petitioner is permitted to withdraw the amount of Rs.1,00,000/- which was deposited in this court in view of the orders passed by this court. JUDGE SMP