IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4066 OF 2008 WRIT PETITION NO.4066 OF 2008 WRIT PETITION NO.4066 OF 2008 Shri Vasant Devlal Bhavsar & Anr. ..Petitioners. V/s. Shri Nitin Baburao Thakare & Ors. ..Respondents. Mr.V.D.Bhavsar for petitioners. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 17TH JUNE, 2008. DATED : 17TH JUNE, 2008. DATED : 17TH JUNE, 2008. P.C. :- P.C. :- P.C. :- 1. This petition is filed to challenge the orders dated 19/11/2007 and 11/2/2008 passed by the Ad-hoc District Judge, Nashik whereby the learned Judge has dismissed the applications filed by the petitioners seeking stay of the order dated 26/2/2007 passed by the Joint Charity Commissioner, Nashik and appointment of an Administrator to Nashik Bar Association. 2. The petitioners are practicing senior Advocates and members of the Nashik Bar Association, Nashik which is registered under the Societies Registration Act, 1860 and also under the Bombay Public Trust Act, 1950. In the present case, by an - = : 2 : = - order dated 17th January, 2006 the Deputy Charity Commissioner, Nashik has rejected the Change Report No.326/05 and Change Report No.532/05 submitted by the Nashik Bar Association. 3. On appeals filed by some of the respondents being Appeal Nos.4/06 and 5/06 the Joint Charity Commissioner by his order dated 26/2/2007 set aside the order dated 17/1/2006 and while accepting the Change Report No.326/05 directed that the Change Report No.532/05 be considered afresh by the lower authority, because, the Deputy Charity Commissioner had not taken into consideration all the evidence on record. 4. Challenging the aforesaid order, the petitioners had filed Civil Application No.48/07 under section 72 of the Bombay Public Trust Act, 1950 in the Court of the Ad-hoc District Judge, Nashik. In the said Civil Application, the petitioners took out applications seeking stay of the order passed on 26/2/2007 and also appointment of administrator which are dismissed by the impugned orders. Challenging the aforesaid orders, the present petition is filed. 5. Although several contentions were raised - = : 3 : = - by the petitioner, in my view, since the petition is basically against the order of remand, it would be just and proper to direct the Deputy Charity Commissioner to dispose of the Change Report No.532/05 expeditiously without being influenced by the order of the Joint Charity Commissioner. 6. Accordingly, the Deputy Charity Commissioner, Nashik is directed to pass appropriate orders on Change Report No.532/05 within a period of 3 months from the date of receipt of this order without being influenced by the order passed by the Joint Charity Commissioner. The petitioner No.1 who appears in person is given liberty to furnish the copy of this order to the Deputy Charity Commissioner, Nashik who shall act upon the same and pass appropriate orders in accordance with law. 7. Contentions of all the parties are kept open. 8. Petition is disposed of in the above terms with no order as to costs. (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)