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10. As regards the change notice filed by the Church of North India, it was opined:

"Now the question of postponement of appointing trustees as proposed by Change Report No.329 on 1999 is concerned, true it is that, as decided by the Apex Court, the issue of merger between churches is required to be decided by the Charity Commissioner, and such issued is sub judice. In fact, as aforesaid, the decision of the Joint Charity Commissioner to decide the same after framing of the issue that whether the churches are merged, is challenged before the District Court and is pending. The scheme of the Bombay Public Trusts Act undoubtedly reveals only the objective of betterment and proper administration of public as well as religious trusts. It is on record that the only surviving trustee of CBGB trust is opponent I herein, who is aged about 90 years. There are no other trustees except proposals are made for appointment of trustees, highly contested and are pending at various hierarchical levels. In these circumstances as well as in view of what is decided by the Apex Court in the matter of Church of North India. Vs. Lavajibhai Ratanjibhai it is considered that the postponement of the decision of present Change Report No.329 of 1999 woujd not serve the object of the Bombay Public Trusts Act,1950 would be served more if the proposed (sic) by Change Report No.329 of 1999 and administration of public religious trusts is well taken care of. So when these appointments sought by Change Report No.329 of 1999, prima facie, appear to be in consonance with the scheme of CBGB Trust particularly clause 9. It would not serve the interest of justice, if the issue of appointment of trustees as per clause 9 is postponed till the issue of merger of churches is decided finally at various levels which will ultimately affect the administration of public religious trusts."