ORDER :—

1. The petitioners are the members of Mahad Taluka Maratha Seva Sangh, Kalyan East, (hereinafter referred to as “said Trust”), which is a trust registered under the provisions of the Maharashtra Public Trust Act (Bom. Act XXIX of 1950) (hereinafter referred to as “the said Act”) as well as Societies Registration Act, 1860.

2. The petitioners have challenged by way of the present writ petition filed under Article 227 of the Constitution of India Order dated 17th June, 2017 passed by learned 5th Joint Civil Judge, Junior Division, Kalyan below Exh.1A in R.C.S. No.402/2016. By the impugned Order, the leave sought by the petitioners to institute the suit under section 92 of Code of Civil Procedure, 1908 (for short ‘C.P.C.’) was rejected. The learned trial Court inter alia while rejecting leave application observed that remedy is provided under sections 50 and 51 of the said Act.

3. Mr. Datar, learned Counsel appearing for the respondent Nos. 1 to 6 at the outset pointed out section 52 of the said Act and submitted that section 92 and 93 of the C.P.C. are not applicable to the public trusts. He submitted that therefore, application bearing Exh.1A seeking leave is not at all mai