1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.893 OF 2009 _____________________________________________________________________ Office Notes, Office Memoranda of Coram, Court’s or Judge’s Orders appearances, Court’s orders or directions and Registrar’s orders Mr.C.G.Gavnekar for the petitioners. Mrs.Gauri Jadhav for respondent no.1. Mr.A.I.Patel AGP for respondent nos.3 and 4. CORAM : D.B.BHOSALE, J. DATED : 1ST SEPTEMBER, 2009 P.C. :- 1. Mr.Gavnekar, learned counsel for the petitioners, without prejudice to the petitioners’ rights and contentions in appeal pending before the Charity Commissioner, arising from the judgment and order dated 31.7.2008, impugned in the present writ petition, prays for withdrawal of this writ petition. This petition is directed only against a part of the order dated 31.7.2008 by which the application under section 41-A filed by the petitioners was rejected. The appeal 2 pending before the Charity Commissioner is against the part of the order dated 31.7.2008 by which the change report was accepted. Challenge to the change report and the petitioners’ application under section 41-A were disposed of by the common order dated 31.7.2008. The writ petition is disposed of as withdrawn. The withdrawal, however, shall not effect the rights and contentions of the petitioners in the appeal before the Charity Commissioner. The Charity Commissioner shall decide the appeal on merits in accordance with law and uninfluenced by the withdrawal of this petition. (D.B.BHOSALE, J.)