1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6867 OF 2008 Taekwondo Association of Thane (A registered Public Trust) & Anr. ... Petitioners. V/s Mr. Nilesh Ashok Jalnawala & Ors. ... Respondents. Ms. Sumedha Rao for the Petitioners. Mr. S.K. Shinde i/b. C.S. Joshi for Respondent No.1. Mr. A.Z. Patel, AGP for the State. CORAM : S.C. DHARMADHIKARI,J. DATED : 16th JULY 2009. P.C. :- The Petitioners are the Original Defendants in Regular Civil Suit No. 300 of 2007. They are aggrieved by an order passed by the Trial Court rejecting their objection to the territorial jurisdiction of the Trial Court. The Respondent is the Original Plaintiff who filed Regular Civil Suit No.300 of 2007 seeking a declaration that the order of Defendant No.2 to the Suit dated 15th January 2007 is null, void and illegal and not binding on the Plaintiff. 2. After the matter was argued for some time and the attention of Mr. Shinde, learned Advocate appearing for Respondent No.1 - the Original Plaintiff, was invited to Section 50 (iv) read with sub-clause (p) of the Bombay Public Trust Act, 1950, after taking instructions from Respondent No.1 - Plaintiff, who is present in Court, Mr. Shinde makes a statement that the Plaintiff - First Respondent would withdraw Regular Civil Suit No.300 of 2007 with liberty to approach the Charity Commissioner for appropriate relief including seeking his consent for institution of a Civil Suit against the 2 Respondents. Accordingly, the Trial Court to permit withdrawal of the Suit with liberty as aforesaid. 3. In the light of the statement made by Mr. Shinde after obtaining instructions from the First Respondent - Original Plaintiff, in my view, any larger issue need not be decided. Needless to state that the impugned order would not survive after withdrawal of the Suit itself. Needless to further state that all contentions and pleas of both sides as raised before the Trial Court and before me are kept open. 4. Petition disposed off in the above terms. No costs. (S.C. Dharmadhikari, J.)