Mr. Shivparvati Shikshan Prasarak Through Its Chairman Mr. Narendra Namdeo Mulik And ORS. v. Mrs. Kerabai Shankar Mane And ORS.

902 fa1070-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1070 OF 2014 WITH CIVIL APPLICATION NO.3019 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Prashant Bhavake for the appellant Mr.Surel S.Shah for the respondent no.1

CORAM

: K.K.TATED, J.

DATED : 19/01/2016 PC:

Heard the learned counsel for the parties.

After hearing for some time, the learned counsel for the appellant after taking instructions from his client who is present in court makes a statement that appellant may be allowed to withdraw the present Appeal.

To that effect, he has given in writing on Farad. Same is accepted.

He further submits that disciplinary enquiry is going on against the Head Master. That be continued. He further submits that trust will not take any major decision in respect of the trust property till the hearing and final disposal of the Mohite 1/2

902 fa1070-14.doc Change Report dated 9.11.2009 bearing no.1925 of 2009.

Considering these facts, following order is passed:

a) First Appeal as well Civil Application stand dismissed as withdrawn.

b) Deputy Charity Commissioner, Kolhapur is directed to decide the Change Report no.1925 of 2009 as early as possible but in any case within three months from the receipt of writ of this court after giving full opportunity to all the parties. c) Till the decision of the Change Report no.1925 of 2009, appellants are restrained from taking any major decision in respect of the trust properties. d) Parties to act on authenticated copy of this order.

e) Parties to appear before the Deputy Charity Commissioner, Kolhapur on 8.2.2016 for deciding next date for hearing.

(K.K.TATED, J.) Mohite 2/2