SSK/929 1 WP.6047 & 6048.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6047 OF 2010 Mr. Balasaheb Devram Wagh ....Petitioner Versus Pundlikrao Jagannath Mogal & Ors. ...Respondents with WRIT PETTION NO. 6048 OF 2010 Mr. Madhavrao Trambak Jadhav & Ors. ....Petitioner Versus Mr. Pundlikrao Jagannath Mogal & Ors. ....Respondents. Mr. P. B. Shah, Advocate for the petitioner in both the petitions. Mr. Sanjeev Sawant i/b. Mr. Sachin Kadam, Advocate for respondent no. 2. Mr. R. M. Patne, AGP for respondent no.6. CORAM : RANJIT MORE, J. DATED : 21st APRIL, 2011. P.C.: Mr. Sawant, learned counsel for respondent no.2 in both the petitions seeks leave to withdraw the application at Exhibit “56” filed in Inquiry No. 21 of 2005 under Section 41D of the Bombay Public Trusts Act, 1950 before the Joint Charity Commissioner, Nashik with liberty to file fresh application making detailed allegations against the petitioners in Writ Petition Nos. 6047 and 6048 of 2010. Leave with liberty as prayed for, is granted. In view of the withdrawal of the application at Exhibit “56”, the impugned order passed thereon will not survive and therefore, the petitions are disposed of. SSK/929 2 WP.6047 & 6048.10 2. In the event, the respondent no.2 prefers fresh application in the above said Inquiry No.21 of 2005 within a period of four weeks from today, the Joint Charity Commissioner, Nashik shall decide the same independently on its own merit and after giving an opportunity of hearing to both the sides. The said application shall be decided as expeditiously as possible and within a period of eight weeks from the date of filing thereof. (RANJIT MORE, J.)