1 Wp no.4789/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4789 of 2010 Vidya Vikas Jadhav ... Petitioner versus Hiraman Devram Mokashi & anr. ... Respondents ... Mr. Sandesh Patil i/b P.P.Jadhav for the petitioner. Mr. R.S.Datar for respondent no.1. CORAM : D.G. KARNIK, J. DATED : 14th July 2010 P.C. 1. In view of the fact that sale deed has already been executed in pursuance of an order impugned in this petition, the writ petition has become infructuous. Learned counsel for the petitioner submits that in view of this, petitioner has filed substantive suit bearing Special Civil Suit no.161/10 in the Court of Civil Judge, Sr. Division, Thane. He, on instructions of the petitioner, who is present in the court seeks leave to withdraw the writ petition with liberty to pursue the suit. Leave granted. 2. It is clarified that no opinion is expressed about the maintainability or otherwise of the suit and it is open to the respondent to raise all the contentions available to him in the said suit. With this observations, writ petition is allowed to be withdrawn with liberty as above. (D.G. KARNIK,J.)