IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 1247 OF 2004 WRIT PETITION NO. 1247 OF 2004 WRIT PETITION NO. 1247 OF 2004 Maruti Hari Patil & another. ... Petitioners. V/s. Ashok Ukaram Bodha & another. ... Respondents. Mr.Ghawle holding for H.A.Solkar for the petitioner. A.A.Garge for the respondents. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 12th September 2008. DATED: 12th September 2008. DATED: 12th September 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Mr.Ghawle, Advocate holding for Mr.H.A.Solkar submits that Mr.Solkar has retired from practice. He, therefore, submits that matter be adjourned. 2. Learned counsel for the respondent submits that cause of action for this petition does not survive. He took me through the impugned order and the constitution of the Trust in general and clause-6 thereof in particular from which it is clear that cause of action for the petition does not survive. 3. In the result, petition is dismissed for want of cause of action with no order as to costs. 4. If the petitioner feels otherwise, it would be open for the petitioner to apply for restoration. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)