Bombay High Court

SATISH DNYANDEORAO PATIL AND ANRversusLIONS CHARITABLE TRUST KARAD AND ORS

Disposal: Disposed off as Withdrawn

Holding

The court held that leave to withdraw the first petition may be granted with liberty to pursue relief under Section 41E of the Maharashtra Public Trusts Act.

Summary

The appellants, Satish Dnyandeorao Patil and another, filed a first appeal against Lions Charitable Trust Karad and others. During the hearing, the court expressed its disinclination to grant the relief sought. The appellants then sought leave to withdraw the first petition, requesting liberty to raise the grievance under Section 41E of the Maharashtra Public Trusts Act if needed. The court granted the leave to withdraw, allowing the appellants to pursue any future action under the said statutory provision. Consequently, the first appeal was disposed of as withdrawn, and any pending interim application was also dismissed.

Issues considered

Whether the court may grant leave to withdraw a first petition in a civil appeal
Whether the appellants can be given liberty to approach the court under Section 41E of the Maharashtra Public Trusts Act after withdrawal

Legislation cited

Maharashtra Public Trusts Act — s. 41E

Subjects

withdrawal of petition
civil appeal
public trust
Section 41E
procedural law
Maharashtra Public Trusts Act

Judgment

                                                               902 FA 156 OF 2026.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR
                      CIVIL APPELLATE JURISDICTION

                    902 FIRST APPEAL NO. 156 OF 2026
                                 WITH
                  INTERIM APPLICATION NO. 1251 OF 2026
                                   IN
                      FIRST APPEAL NO. 156 OF 2026

                   SATISH DNYANDEORAO PATIL AND ANR
                                   VERSUS
                LIONS CHARITABLE TRUST KARAD AND ORS
                                      ...
             Advocate for Appellants : Mr. Patil Kalpesh Uttam, ,
     Advocate for Respondents : Mr. Yuvraj Narvankar a/w Adv. Rahul Patil
                                      ...
                      CORAM                : SHAILESH P. BRAHME, J.

                       DATE                  : 27.08.2026


PER COURT :

         After hearing for some time, when this Court expressed its
disinclination to grant relief, learned counsel for the appellants, on
instructions, seeks leave to withdraw the first petition, with liberty to agitate
the grievance in case the proceedings preferred under Section 41E of the
Maharashtra Public Trusts Act, go against him, as contemplated by law.

2.      Leave is granted.

3.      First Appeal is disposed of as withdrawn with liberty as prayed for.

4.      Pending Interim Application, if any, is disposed of.



                                         ( SHAILESH P. BRAHME, J.)



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