1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9474 OF 2009 Shyamalal @ Shyamsing Bhagwansingh Pardeshi Petitioner versus Charudatta Bhagwansingh Pardeshi & others Respondents Mr.Rahul Kadam for petitioner. Mr.A.A.Garge for respondents. CORAM : A.S.OKA, J. DATE : 27th January 2010 PC :- 1. Heard learned counsel for the petitioner. He states that application at Exhibit-285 was filed after commencement of trial. However, no explanation of delay has been incorporated in the said application. He, therefore, states that he may be permitted to withdraw the said application with liberty to file a fresh application for claiming the same relief. He states that in the fresh application the petitioner wants to incorporate detailed reasons for delay. This prayer is opposed by the learned counsel for the respondents. 2. In my view, in the interests of justice, the prayer made by the 2 petitioner deserves to be accepted and hence I pass following order:- (A) The petitioner is permitted to withdraw application at Exhibit-285 with liberty to file a fresh application for the same relief; (B) In view of this order, the impugned order has become inoperative; (C) All contentions of the parties on such fresh application are expressly kept open. (A.S.OKA, J.)