- 1 - 14-wp-8827-2011 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8827 OF 2011 Shri Sangameshwar Education Society & Others .. Petitioners. V/s. Shri Sidramappa S. Mangalgi & Others .. Respondents. Mrs. Geeta P. Mulekar, for the Petitioner. None for the Respondents. CORAM: G.S.GODBOLE,J. DATE : 8th DECEMBER, 2011. P.C:- 1 Heard Mrs. Mulekar for the Petitioners. 2 Since only the order refusing to grant of sanction to file a suit under Section 52 of the Bombay Public Trusts is made appellable under Section 71, the application filed by the Petitioners in the District Court under Section 72 was obviously not maintainable. In so far as the - 2 - 14-wp-8827-2011 first order dated 13th April, 2005 is concerned, the principle defence seems to be that Kadai Veershaiv Dharmaday Needhi, Solapur is private Trust of the Kadadi family. However, once the Trust is registered under Bombay Public Trusts Act, 1950, it cannot be held to be a private trust. The order passed by the Joint Charity Commissioner is a discretionary order and no perversity has been pointed out. The Petitioners can always defend the suit on the merits. Hence, keeping all the contentions of the Petitioners about the merits of the suit open, to be agitated in the Civil Suit, this Petition is not entertained and the same is disposed off. (G.S.GODBOLE,J.)