[2025:RJ-JP:40546] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 59/2024 Chandrashekhar @ Shriram Agarwal S/o Late Shri Bajranglal Agarwal, Aged About 51 Years, Managing Trustee Shri Pushkar Sanskrit Paathshala Trust, Pushkar, Ajmer (Sansthapak Ramnath Bodunath Agarwal) Sthapna Year 1913, R/o 6, Patti Katla, Naya Bazar, Ajmer. ----Appellant Versus 1. Assistant Commissioner Devasthan Department, Ajmer Division Ajmer, Address Office of Assistant Commissioner Devasthan, Ajmer, Opposite RPSC, Jaipur Road, Ajmer. 2. Commissioner Devasthan Department, Udaipur Office Commissioner Devasthan Department, Meera Marg, Panchwati Udaipur. ----Respondents For Appellant(s) : Mr. Govind Purohit For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 07/10/2025 1. This is plaintiff's first appeal, impugning the judgment dated 19.08.2023 passed in Civil Case No. 42/2021 by the Additional District Judge No.5, Ajmer, dismissing the plaintiff's application under Section 43 of the Rajasthan Public Trust Act, 1959 (hereinafter referred to as "the Act of 1959"). 2. By way of filing an application under Section 43 of the Act of 1959, plaintiffs claiming himself to be successor of Ramnath, prayed to appoint him as Managing Trustee of Shri Ramnath Boduram Sanskrit Paathshala Pushkar, a registered trust. That application has been dismissed vide judgment impugned herein [2025:RJ-JP:40546] (2 of 2) [CFA-59/2024] fundamentally on the ground that the successors/ legal representatives of another co-trustee Boduram have not been impleaded as party respondent and suit has been filed only by impleading the Assistant Commissioner and Commissioner of Devasthan Department. 3. Counsel for appellant, after obtaining instructions from the appellant, seeks permission to withdraw this appeal with liberty to initiate the appropriate legal proceedings after impleading of the affecting persons, who have interest/ claim of trustee in the registered trust. 4. In view of above, without causing any opinion on merits and without interference of the impugned order on merits, instant first appeal is allowed to be withdrawn with liberty as prayed for. 5. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /89