Khandelwal Charitable Trust, Akola Thr Irs President- Mahesh Bansidhar Khandelwal And Other v. Mohanlal S/O Hiralal Khandelwal

2026:BHC-NAG:420 44-CRA-126-2025.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL REVISION APPLICATION NO. 34 OF 2025 KHANDELWAL CHARITABLE TRUST, AKOLA THR. IRS PRESIDENTMAHESH BANSIDHAR KHANDELWAL AND OTHER Vs.

MOHANLAL S/O HIRALAL KHANDELWAL __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Shyamsundar A. Mohta, Advocate for the Applicants. Mr. Monesh G. Sarda, Advocate for Respondent Nos.1.1. CORAM : ROHIT W. JOSHI, J.

DATE : 12 th JANUARY, 2026.

1.

After hearing the matter after sometime, when this Court had expressed disinclination, learned advocate for the revision petitioners on instructions from the revision petitioners makes a motion to withdraw the civil revision application. 2.

Civil Revision Application is disposed of as withdrawn. 3.

Needless to mention that since the present revision arises out of an order passed under Order VII Rule 11 of Code of Civil Procedure, the points sought to be agitated can obviously be raised at the time of final hearing of the suit on merits. 4.

Learned advocate for the revision petitioners contends that the present application was filed only with respect to bar to filing of suit as contemplated under Section 50 of the

44-CRA-126-2025.odt 2/2 Maharashtra Public Trust Act and that apart from said ground, the plaint is also liable to be rejected as not disclosing cause of action. He seeks liberty to file fresh application under Order VII Rule 11 of CPC on this ground.

5.

Learned advocate for the respondents/plaintiffs opposes the request.

6.

Any fresh application for rejection of plaint if filed by the defendants/revision petitioners, it may be decided in accordance with the law.

(ROHIT W. JOSHI, J.) MJ Jadhav