1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION No. 5270/2009 IN SECOND APPEAL NO. 1093/2005 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Mr.P.R. Katneshwarkar, Advocate for applicants. Mr. Sanket Kulkarni h/f Mr. V.T. Choudhary, Advocate for respondent No.1. PER COURT : 1 Heard. 2 The original respondents No.2 and 5 have succeeded in getting the change report which the appellants filed for effecting their removal from Board of Trustees, vide order dated 6th November, 2008 passed by the learned Assistant Charity Commissioner. So, their position as trustees is now restored. In any case, they should be heard while deciding the Second Appeal, mainly because they were appointed Trustees when the scheme was framed and they, thereafter continued as Trustees and so, they can be persons interested in the Trust. Therefore, they deserve hearing while deciding the Second Appeal which arose from litigation under Section 51-A of Bombay Public Trust 2 Act. 3 The appellant shall record their names as respondents. In the circumstances, there is no need to issue notice to newly added respondents. Date : 15th July, 2010 [A.V. NIRGUDE, J.] tsk/