FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.1494 OF 2008 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr Milind Sathaye with Mr H.S.Jain, for the petitioners. Mr G.W.Mattos i/b Mr B.S.Wadhwa for the respondent. CORAM: D.B.Bhosale,J. DATED: 13.03.2008 P.C.: Heard learned counsel for the parties. Learned counsel for the respondent, at the outset, raised a preliminary objection as to the maintainability of this writ petition contending that the order impugned in the writ petition is under section 70 of the Bombay Public Trusts Act, 1950 and such order can be challenged under section 72 before the City Civil Court. Having confronted with this, Mr Sathaye, learned counsel for the petitioners, prays for withdrawal of this petition with liberty to the petitioners to file appropriate application under section 72 of the Act before the City Civil Court. The writ petition is allowed to be withdrawn with liberty as prayed. All contentions of the parties are kept open. (D.B.Bhosale, J.)