IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 510 OF 2010 (Suryakant Narayanrao Kawalkar vs. Jt. Charity Commissioner & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 29, 2010. Shri Wadodkar, learned counsel for the petitioner seeks leave to withdraw present writ petition with liberty to file appeal under Section 72 of Bombay Public Trust Act, (hereinafter referred to as the Act) before the Competent Court. Shri Kadu, learned counsel for respondent No. 3 has no objection provided the objection to maintainability of appeal under Section 70 of the Act is not again raised. Shri Wadodkar, learned counsel states that in view of the judgment of the Hon'ble Apex Court in the case of Shyam Sunder Sarma vs. Pannalal, reported at AIR 2005 SC 226 = 2005 (1) Mh. L.J. 340 and the judgment of learned Single Judge of this Court in the case of Rajkumar vs. Shantaram, reported at 2008 (3) Mh. L.J. 209 following it, such contention will not be raised in an appeal under Section 72 of the Act. In view of the statement and liberty sought, writ petition is allowed to be withdraw with liberty. JUDGE *GS.