... 1 ... 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 FIRST APPEAL NO.1483 OF 2005 Modern Education Society, Sangli & Ors. ...Appellants Vs. Tukaram Annyaba Chavan & Ors. ...Respondents Mr P.A. Pol for the Appellants. Mr R.K. Mendadkar for the Respondent Nos.1 to 7. Mr Nakhaw, A.G.P. for the Respondent No.8. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. DATE : MARCH 28, 2006. DATE : MARCH 28, 2006. DATE : MARCH 28, 2006. P.C.: P.C.: P.C.: 1. Heard the Advocate appearing for the Appellants. The order impugned dated 19th December, 2002 is passed on an Application under section 72 of the Bombay Public Trust Act, 1950. As held by the Division Bench of this Court though this Appeal is numbered as First Appeal, it will be governed by the constraints of Section 100 of the Code of Civil Procedure, 1908. The impugned order is an order of remand which permits both the parties to lead further evidence before the learned Assistant Charity Commissioner. 2. The grievance of the Advocate appearing for the Appellants is that the order dated 19th March, ... 2 ... 2001 is directed to remain operative. It is pertinent to note here that the order of remand has been passed more than three years back. There is no stay granted by this court to the order of remand. Hence, even the order dated 13th March, 2001 is operating for period of more than three years. 3. No case is made out for interfering with the order of the remand. No substantial question of law arises. Appeal is dismissed with no orders as to costs. 4. The learned Assistant Charity Commissioner will conclude the inquiry in terms of impugned order and will pass suitable order as expeditiously as possible and in any event on or before 31st October, 2006. JUDGE JUDGE JUDGE