Maharashtra Vidyarthi Sahayak Mandal Pune And ORS. v. Shri. Suresh Deshmukh And ORS.

RNG 1/2 89-fa.1044.18.c.a.3452.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION FIRST APPEAL NO.1044 OF 2018 with CIVIL APPLICATION NO.3452 OF 2018 Maharashtra Vidyarthi Sahayak Mandal ... Appellant vs Mr.Suresh Deshmukh & ors ..

Respondents -------- Mr.A.V.Anturkar Sr.Advocate with Mr.Ajinkya Udane for Appellant Mr.S.R.Ronge for Respondent nos.1 and 2.

Ms.Jercy Goswami AGP for Respondent no.3 CORAM : K.K.TATED J DATE : 25TH MARCH, 2019 P.C Heard learned senior counsel for the appellant and Mr.Ronghe learned counsel for the respondent nos.1 and 2. 2.

Learned Senior counsel for the appellant submits that appellant has filed the present First Appeal against the order dated 5.5.2018 passed by the Joint Charity Commissioner, Pune below Exhibit 5 in Application No.27 of 2018 under section 41E of the Maharashtra Public Trust Act, 1950. He submits that against the said

RNG 2/2 89-fa.1044.18.c.a.3452.18 order, a writ petition is maintainable as per the Division Bench Judgment of this Court in Mohd Abdul Rasheed s/o Mohd. Abdul Razzak & anr vs Dy.Charity Commissioner, Aurangabad & ors reported in 2009 (6) Mh.L.J. 545.

3.

In view of this fact, he submits that the appellant may be permitted to withdraw the present First Appeal to file a Writ Petiton for the same cause of action. To that effect, the appellant has given in writing which is taken on record and marked as 'X' for identification. The same is accepted.

4.

First Appeal as well as Civil Application stands disposed of with liberty as prayed.

{K.K.TATED, J)