1 CRA 509/2009 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 509 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Ms. M.S. Salkar i/b Mr. N.R. Bubna for the petitioner. CORAM : D.G. KARNIK, J. DATE : 21ST JUNE 2011 P.C. : 1. Heard learned counsel for the petitioner. None appears for the respondents. 2. Respondent no.1 filed an application bearing Misc. Application No. 413 of 2003 in the Court of District Judge, Pune, for modification of scheme of a public trust known as Shri Ganpatidev Sansthan (respondent no.3 herein). Respondent nos.4 to 12, who were the trustees of the Trust, were also joined as parties 2 CRA 509/2009 to the application for modification of the scheme. The present petitioner, who is also one of the trustees, was also joined as a party respondent. 3. One of the trustees filed an application in the District Court contending that only the Civil Judge, First Class has jurisdiction to entertain and try any application for modification as the original scheme was framed by the Civil Judge in the year 1935 and the scheme defines “the Court” to mean First Class Sub Judge. The objection was heard and the learned District Judge by his order dated 5th August 2009 held that he had jurisdiction to entertain and try the application. That order is impugned in the present revision application. 4. By an order dated 30th November 2010, the revision application has been dismissed against respondent nos.5 and 10 for non- service. The order of dismissal has become 3 CRA 509/2009 final. 5. By reason of dismissal of the revision application against respondent nos.5 and 10 who are co-trustees, the order that the District Court has jurisdiction to entertain and try the application has become final qua respondent nos.5 and 10. Since the order has become final qua two of the trustees, it cannot be modified against other trustee, including the petitioner herein. Hence, the revision application is dismissed. (D.G. KARNIK, J.)