Bombay High CourtCAA/408/2017disposed off

Mr. Tasadduq Husain Qureshi And ANR v. Mr. Shabbir Deshmukh

2017-03-24Hon'Ble Shri Justice M.S. Sonak2 pages

skc P-15-AOST-34493-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (STAMP) NO. 34493 OF 2016 WITH CIVIL APPLICATION (STAMP) NO. 34495 OF 2016 Mr. Tasadduq Husain Qureshi & Anr.

Appellants vs.

Mr. Shabbir Deshmukh ..

Respondent Mr. S. P. Chavan h/f. Parveen Khan for Appellants. CORAM : M. S. SONAK, J.

DATE : 24 MARCH 2017 P.C :

1] Upon production, taken on board.

2] Heard Mr. Chavan, learned counsel for the appellants. 3] Mr. Chavan submits that he has instructions to withdraw this Appeal from Order, after seeking appropriate directions to the Deputy / Assistant Charity Commissioner, to comply with the order dated 14 February 2014 in Appeal from Order No. 1374 of 2013. 4] This Court, in the order dated 14 February 2014, in Appeal from Order No. 1374 of 2013, at paragraph 5 has issued the following directions:

"5. In view of the disposal of the Appeal from Order, Civil Application No. 34 of 2014 does not survive and shall stand 1/2

skc P-15-AOST-34493-16.doc disposed of. Having regard to the facts and circumstances of the case, the Deputy / Assistant Charity Commissioner shall decide the Change Report/s including the Change Report/s, if any, filed by the Respondent, as also the persons on whom the control and management of the Trust vests, expeditiously and preferably by end of June, 2014. It will be open for the Authority, if necessary, to issue appropriate directions for proper administration of the Trust under section 41A of the BPT Act for the interregnum."

5] Mr. Chavan states that till date, the change reports are pending. If this be so, then, the Deputy / Assistant Charity Commissioner is directed to dispose of the same as expeditiously as possible and in any case, by 31 August 2017. 6] This Appeal from Order is permitted to be withdrawn and disposed of accordingly.

7] Upon disposal of the Appeal, the Civil Application does not survive and the same is also disposed of accordingly. (M. S. SONAK, J.) Chandka 2/2