1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4098 OF 2008 Yashwant Gangadhar Dhamale. deceased through heirs and L.Rs. already on record at Nos.2 to 4 below Jaywant Yashwant Dhamale & Ors. ..Petitioners. V/s. State of Maharashtra & Ors. ..Respondents. Mr.A.P.Kulkarni for petitioners. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JULY 21, 2008. DATE : JULY 21, 2008. DATE : JULY 21, 2008. P.C. : P.C. : P.C. : 1. Counsel for the Petitioners in all fairness accepts that the reliefs claimed in the application filed before the lower Court dated 15th July, 2006 were ascribable to section 151 of the CPC and not Order 41 Rule 19 of CPC as noted in the application. Accordingly, the Petitioners are permitted to withdraw this Petition with liberty to file appropriate application before the lower Court, which will be decided on its own merits. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)