Shri. Vishnu Gopinath Pendharkar And ORS v. Shri Shrikant Ramchandra Rahalkar And ORS

by HEMANT CHANDERSEN SHIV Date:

2022.06.13 12:48:27 +0530 HEMANT CHANDERSEN SHIV 14.aw6192.22.doc Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6192 OF 2022 Vishnu Gopinath Pendharkar & Ors.

... Petitioners

Versus

Shrikant Ramchandra Rahalkar & Ors.

... Respondents Mr. Mahaling Malikarjun Pandarge with Mr. Harshad Kulkarni with Mr. Rupesh Manchekar with Mr. Shashank Dubey for the Petitioners. Ms. Renuka Sanjeev Gorwadkar for the Respondent No.1. CORAM : S. V. GANGAPURWALA AND MADHAV J. JAMDAR, JJ.

DATED : 9TH JUNE 2022 P.C. :

1.

The learned counsel for Respondent No.1 submits that in view of subsection (5) of section 47 of the Maharashtra Public Trust Act, 1950, the present Writ Petition would not be tenable and an Appeal would lie. 2.

In view of that learned counsel for the Petitioner seeks leave to withdraw the Petition with liberty to file an Appeal. 3.

In the light of request made the Writ Petition is allowed to be withdrawn. The Petitioner may file appropriate proceedings as may be permissible in law and in that event all contentions are kept open. No costs. MADHAV J. JAMDAR, J.

S. V. GANGAPURWALA, J.

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