IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WP/10109/2010 MOHANRAO TRIMBAK @ BALASAHEB BHARDE AND ORS V/S SHRI MAHAVIR SWAMI DIGAMBAR JAIN MANDIR REGD TRUST ... Shri S.S.Deshmukh h/f Shri Prashant R. Nangare, Advocates for petitioners Shri N.S.Jaju, Advocate for respondent Nos.2 and 4. ... CORAM : B.P. DHARMADHIKARI,J. Dated : April 15, 2011 PER COURT :- 1. Heard respective counsel. 2. In a suit filed by respondents 1 to 8 as the trustees of Shri Mahavir Swami Digambar Jain Mandir, Ahmednagar against petitioners, they filed an application seeking direction to frame the preliminary issues and for its adjudication as such. By the impugned order, that application has been rejected. 3. Shri Deshmukh, learned Advocate for petitioners has contended that there are several disputes like change report proceedings pending in relation to the above mentioned trust and hence the respondents before this Court are not authorized to represent the trust. The issues need to be framed and decided as preliminary issues. He also argued that the plaint does not contain necessary assertions in this respect and hence the adjudication as the preliminary issues was essential. According to him, unless and until the suit is found to be competently 2 WP/10109/2010 instituted the Civil Court could not have gone into the merits of the controversy. 4. Shri Jaju, learned Advocate for respondents 2 to 4 is supporting the order. 5. Perusal of the plaint shows that the suit is instituted by a trust mentioned above, though its all trustees. The trustees have pleaded accordingly in paragraph No.2 of the plaint. They have also pointed out that defendants before the trial Court are legal heirs of deceased tenant. Therefore, it is apparent that it is a dispute between the landlord and tenant and prima facie it appears that the same has been instituted by all trustees coming together. Whether they are trustees or not and whether they are authorized to institute the suit or not cannot be a subject matter of scrutiny at an interim stage. The petitioners can raise all these grievances when the suit is tried on merits and demonstrate that the suit has not been validly instituted as the respondents are neither trustees nor they are authorized to file the suit. Similarly, as the dispute is between the landlord and tenant, there is no question of any sanction or permission from the Joint Charity Commissioner under Section 50 of the Bombay Public Trusts Act. I, therefore, find no substance in the Writ Petition. Contd....... 3 WP/10109/2010 6. Writ Petition is dismissed. Needless to mention that the interim relief stands vacated. No order as to costs. ( B.P. DHARMADHIKARI, J.) ... akl