IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3086 OF 2004 CIVIL APPLICATION NO.3086 OF 2004 CIVIL APPLICATION NO.3086 OF 2004 IN WRIT PETITION NO.3308 OF 2004 WRIT PETITION NO.3308 OF 2004 WRIT PETITION NO.3308 OF 2004 M.J.Bhosale & Ors. .. Petitioners V/s State of Maharashtra & Ors. .. Respondents Mr.V.S.Talkute for the original Petitioners. Mr.C.M.Lokesh for Respondent No.2. Mr.Raiyani on behalf of Respondent No.9. CORAM: S.RADHAKRISHNAN & CORAM: S.RADHAKRISHNAN & CORAM: S.RADHAKRISHNAN & S.A.BOBDE, JJ. S.A.BOBDE, JJ. S.A.BOBDE, JJ. DATE : 22.02.2005. DATE : 22.02.2005. DATE : 22.02.2005. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the original Petitioners, the learned Counsel for Respondent No.2 and Mr.Raiyani on behalf of Respondent No.9. This Civil Application has been taken out by Respondent No.9 seeking review of our earlier order dated 4th October, 2004. After hearing the learned Counsel for the Petitioners, the learned Counsel for Respondent No. 2 and Mr.Raiyani on behalf of Respondent No.9 for sometime, Mr.Raiyani seeks leave to withdraw this Civil Application and get the Architect’s report so as to show that the Respondent No.9 has complied with the suggestions made by the Architect M/s.Nadkarni & Company in their report dated 13.9.2004. To enable him to do so, the Respondent No.9 is entitled to appoint its own Architect and obtain a report and seek modification of an order dated 4.10.2004. Civil Application is allowed to be withdrawn with the liberty to the Respondent No.9 to move the regular Court for modification of this Court’s order dated 4th October, 2004. (S.RADHAKRISHNAN,J.) (S.RADHAKRISHNAN,J.) (S.RADHAKRISHNAN,J.) (S.A.BOBDE,J.) (S.A.BOBDE,J.) (S.A.BOBDE,J.)