OFFICE NOTES, OFFICE MEMORANDA OF CORAM Vs. COURT S ORDER OR DIRECTIONS AND COURT S OR REGISTRAR S ORDERS JUDGES ORDER

JUDGEMENT

(1.) Heard, the learned Counsel for the appellants and the respondent No. 1. This appeal is directed against the order dated 27th June, 2003 passed by the Joint Charity Commissioner, Amaravati Region, Amaravati.

(2.) The appellants had previously challenged the impugned order before the Joint District Judge by filing an application bearing Misc. Civil Application No. 158/2003 under section 72(4) of the Bombay Public Trusts Act, 1950 . The District Court held that the application was not maintainable and by an order dated 19.11.2004 directed that the application be returned to the appellant for presentation to the proper Court. Instead of presenting the said application/appeal memo to this Court, the appellants have preferred to challenge the order passed by the Joint Charity Commissioner on 27.06.2003 as well as the order of the District Court dated 19.11.2004 by filing this appeal.

(3.) The appeal first came up for hearing before this Court on 14th July, 2005, when the learned Counsel for the respondent urged that the appeal was not maintainable, and in any event barred by limitation. Thereupon the appellants' Advocate sought time to amend the appeal memo and also to prefer an application for condonation of delay. Today, a pursis has been filed by the appellants praying for deletion of Prayer Clause a(i) which seeks to challenge the order passed by the District Court in Miscellaneous Civil Appeal No. 158/2003. Learned Counsel for the appellants also submits that the appellants have given up the challenge to the order dated 19th November, 2004 passed by the learned District Judge in Miscellaneous Civil Application No. 158 of 2003 and only seek to challenge the order passed by the Joint Charity Commissioner on 27th June, 2003. Learned Counsel for the appellants further states that this appeal should be treated as an appeal under section 47(5) of the Bombay Public Trusts Act (for short B.P.T. Act). In view of the above, the appeals is treated as an appeal under sec. 47(5) against the order dated 27th June, 2003.