KBP wp2678-09.sxw : 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO2678 OF 2009 Balasaheb Sadashiv Chavan .. Petitioner V/s. Gurukrupa Construction Builders & Developers and ors. ..Respondents ..... Mr.V.S.Kapse, for petitioner. Mr.Sanjay Jain with Mr.Vishal Thakar i/b.Ms.Anjali Trivedi, for resp.nos.1 to 9. Mr.Birendra Saraf i/b.Mr.Vinod Thaker, for resp.nos.1o and 11. ..... CORAM : A.S.OKA, J.. DATE : 22 nd JULY, 2009. P.C. : 1] Heard Advocate for petitioner. On instructions of the petitioner who is stated to be personally present, he seeks permission to withdraw this writ petition with liberty to file a fresh Chamber Summons for amendment of plaint. Learned Counsel for contesting respondents states that all contentions in the fresh Chamber Summons which may be taken out by the petitioner, may be kept open. 2] The petition is dismissed as withdrawn with liberty as prayed. All contentions of the parties on merits of the Chamber Summons which may be taken out by the petitioner expressly are kept open. ( A.S.OKA, J. ) KBP wp2678-09.sxw : 2 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.342 OF 2009 IN NOTICE OF MOTION NO.498 OF 2007 IN B.C.C.C.S.C.SUIT NO.551 OF 2007 Balasaheb Sadashiv Chavan .. Petitioner V/s. Gurukrupa Construction and ors. ..Respondents ..... Mr.V.S.Kapse, for petitioner. Mr.Sanjay Jain with Mr.Vishal Thakar i/b.Ms.Anjali Trivedi, for resp.nos.1 to 9. Mr.Birendra Saraf i/b.Mr.Vinod Thaker, for resp.nos.1o and 11. ..... CORAM : A.S.OKA, J.. DATE : 22 nd JULY, 2009. P.C. : 1] Learned Counsel appearing for appellant, on instructions of the appellant, seeks permission to withdraw this Appeal from Order. He states that the appellant intends to apply for amendment of the plaint. He prays that a liberty may be granted to take out a Notice of Motion for injunction if the amendment is allowed. 2] Appeal from Order is dismissed as withdrawn with liberty as prayed. All contentions of the parties in the proceedings which may be taken out by the appellant are expressly kept open. ( A.S.OKA, J. )