1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.134 OF 2008 LETTERS PATENT APPEAL NO.134 OF 2008 LETTERS PATENT APPEAL NO.134 OF 2008 IN IN IN WRIT PETITION (ST.) NO.13042 OF 2008 WRIT PETITION (ST.) NO.13042 OF 2008 WRIT PETITION (ST.) NO.13042 OF 2008 WITH WITH WITH LETTERS PATENT APPEAL NO.135 OF 2008 LETTERS PATENT APPEAL NO.135 OF 2008 LETTERS PATENT APPEAL NO.135 OF 2008 IN IN IN WRIT PETITION (ST.) NO.13043 OF 2008 WRIT PETITION (ST.) NO.13043 OF 2008 WRIT PETITION (ST.) NO.13043 OF 2008 Shri Dhanayya Shivrudrayya Swami and Ors. .. Petitioners vs. Shri Shivanna Basappa Madyal and Ors. .. Respondents Mr.I.M.Khairdi for the petitioners Mr.S.K.Chinchalikar, A.G.P. for the respondent nos.13 Mr.R.P.Subban for respondent nos.1 to 12 CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. DATE: 27TH FEBRUARY, 2009 DATE: 27TH FEBRUARY, 2009 DATE: 27TH FEBRUARY, 2009 P.C. 1. Heard. 2. The appellants have impugned the order of the learned single Judge wherein it is observed that as the 2 impugned order is passed in an application filed under section 41A of the Bombay Public Trust Act, 1950, the petitioners have a remedy of revision under section 70A of the Act. Hence, the learned single Judge refused to entertain the petition and granted liberty to the petitioners to approach the Joint Charity Commissioner by way of revision. 3. The learned counsel for the appellants has assailed the said order on the ground that section 70A of the Act deals with cases covered by section 70 of the Act. It is pointed out that section 70 of the Act does not cover the order passed in application under section 41A of the Act. On perusal of section 70 of the Act, we find that the contention raised by the learned counsel for the appellant is correct. Hence, the impugned order is quashed and set aside. Petition is remitted back to be heard afresh for disposal in accordance with law. In view thereof, Civil Application Nos.142 of 2008 and 143 of 2008 do not survive. The same are also disposed of as infructuous. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) 3 (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.)