Smt. Nalini (Nalu) Vishnu Kale And Others v. Smt. Shobha Duliram Kamane And Others

1 wp610.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.610/2019 Smt. Nalini (Nalu) Vishnu Kale and others ..Vs..

Smt. Shobha Duliram Kamane and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D. Abhyankar, Advocate for the petitioners. CORAM : Z.A. HAQ, J.

DATE : 28.1.2019.

The Assistant Charity Commissioner framed scheme for the public trust and appointed 9 persons as members of the Managing Committee. This order is challenged before the District Court. By the impugned order, the learned District Judge has stayed the effect, operation and execution of the order passed by the Assistant Charity Commissioner.

The grievance of the petitioners is that the learned District Judge has stayed the effect, operation and execution of the order passed by the Assistant Charity Commissioner after about 15 months. Various submissions are also made on behalf of the petitioners, touching the merits of the matter. However, as the appeal is pending before the District Court, in my view, it would not be appropriate to delve into the merits of the matter. The impugned order is dated 27th June, 2018. This Court has not granted any interim order till date.

2 wp610.19 Considering the facts of the case, in my view interests of justice would be sub-served by directing the learned District Judge to dispose the appeal till 16th April, 2019. With these directions, the writ petition is disposed. No costs.

JUDGE Tambaskar.