1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. SECOND APPEAL No. 450 OF 2010 IN CIVIL APPLICATION No. 9487 OF 2010 Laxman S/o Vishram Kad .. APPELLANT VERSUS Dadamiya S/o Hasambhai Chaudhari .. RESPONDENT ... Shri Vivek Dhage, Advocate for appellant Shri P.D. Bachate, Advocate for respondents CORAM :- S.V. GANGAPURWALA, J. DATE : 8th SEPTEMBER, 2010. PER COURT: The appellant assails the order passed by the District Judge-2, Jalna, in MA(RJI) No. 277 of 2008, thereby dismissing the application and confirming the Judgment and Order passed by the Joint Charity Commissioner in respect of remanding the inquiry report to the Assistant Charity Commissioner. 2 2. Shri Dhage, learned Counsel for the appellant states that remanding back the inquiry to the Assistant Charity Commissioner, would be an exercise in futility, as it has been held by the District Judge in earlier round of litigations, that there are 19 members. 3. According to him, apart from non compliance of Rule 6(4) of the Bombay Public Trust Rules, the Assistant Charity Commissioner has also taken into consideration other aspects of the matter, while passing the order. But the Joint Charity Commissioner and the District Judge have not considered the same and have remanded the matter back only on the count that non compliance of Rule 6(4) is not attracted. 4. When the matter is remanded back to the Assistant Charity Commissioner, it is open for the parties to put-forth their contentions on merits and the Assistant Charity Commissioner is bound to consider the same. 5. In view of the fact that the matter is 3 remanded back and no adjudication has been done on the substantiative rights of the parties, I do not feel it necessary to interfere in the order passed by the authorities below. The Assistant Charity Commissioner shall decide the proceedings taking into consideration the contentions raised by the respective parties. As such, the Second Appeal is dismissed. However, there shall be no order as to costs. 6. In view of the disposal of the Second Appeal, Civil Application No. 9487 of 2010 does not survive, and the same is also disposed of. [S.V. GANGAPURWALA,J] SDM* 481.10SA