1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1040 OF 2002 WITH CIVIL APPLICATION NO.4019 of 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.Sugandh Deshmukh for the appellant. Mr.Umesh Mankapure i/b A.M.Kulkarni for respondent no.1. Ms.V.S.Mhaispurkar AGP for respondent no.2. CORAM : D.B.BHOSALE, J. DATED : 01/10/2010 PC: 1. Mr.Deshmukh, learned counsel for the appellant submits that he has written instructions to withdraw the appeal itself. Mr.Mankapure, learned counsel for respondent no.1 submits that in the appeal, respondent no.1 – Shampuri Hirapuri Gosavi has filed civil application challenging the order dated 17.4.2008 by which the scheme submitted by appellant no.1 alongwith one Chandrakant Anandpuri Gosavi under section 50-A(1) of the Bombay Public Trust Act dated 18.2.2008 has been accepted by the Joint S 2 Charity Commissioner. He submits that the respondents have no objection for allowing to withdraw the appeal, but in that event respondent no.1 – Shampuri Guru Hirapuri Gosavi may be given liberty to challenge the said order dated 17.4.2008 before the appropriate authority. Mr.Deshmukh submits that the appellants have no objection for granting such liberty without prejudice to their rights and contentions on merits of the case. In the circumstances I pass the following order: The first appeal is disposed of as withdrawn. Liberty to Shampuri Guru Hirapuri Gosavi i.e. respondent no.1 in the appeal to challenge the order dated 17.4.2008 before appropriate forum. All contentions of the parties are kept open. Consequently, civil application also stand disposed of. (D.B.BHOSALE, J.)