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Bombay High CourtWP/12775/2025disposed off

Madhukar Padu Patil v. Naresh Shankar Patil And ORS

2025-10-06Hon'Ble Shri Justice N. J. Jamadar2 pages

41-wp-12775-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12775 OF 2025 Madhukar Padu Patil ...

Petitioner V/s.

Naresh Shankar Patil And Ors.

...

Respondents ------------------- Mr. D.S. Mhaispurkar I.by Saldanha Gracy, for the petitioner. Ms. V.S. Nimbalkar, AGP, for the respondent nos. 2 to 4. --------------------

CORAM

:

N.J. JAMADAR, J.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2025.10.08 10:40:15 +0530 VARSHA DEEPAK GAIKWAD DATE :

6TH OCTOBER 2025.

PC:

1.

Heard the learned counsel for the petitioner. 2.

Mr. Mhaispurkar, the learned counsel for the petitioner, on instructions, submits that after the Assistant Charity Commissioner passed the order which has been set aside by the learned Joint Charity Commissioner by the order impugned in this petition, another application for settlement of the scheme was filed before the Assistant Charity Commissioner, Palghar, being Scheme Application No. ACC/18/2022. The said application came to be allowed by the Assistant Charity Commissioner by an order dated 28th April 2023. The said order passed by the learned Assistant Charity Commissioner in Scheme Application No. No. ACC/18/2022 has also been assailed in an appeal before the learned Joint Charity Commissioner. varsha

41-wp-12775-2025.doc 3.

Mr. Mhaispurkar, thus, seeks leave to withdraw this petition with liberty to raise all the contentions in the said appeal which is subjudice before the learned Joint Charity Commissioner. 4.

In view of the subsequent development, the petition stands disposed as withdrawn with liberty to raise all the contentions which are available in law in the said appeal pending before the Joint Charity Commissioner.

5.

Learned Joint Charity Commissioner is requested to decide the said appeal on its own merits and in accordance with law. 6.

All contentions of all the parties are kept open for consideration. (N.J. JAMADAR, J) varsha