1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1904 OF 2009 WITH WRIT PETITION NO.7116 OF 2008 WITH W.P.NOS.7109/08, 7006/09, 6373/08, 2272/09, 3297/09, 3552/09, 5584/09, 6693/09, _____________________________________________________________________ Office Notes, Office Memoranda of Coram, Court’s or Judge’s Orders appearances, Court’s orders or directions and Registrar’s orders Mr.Amit Borkar for the applicant/petitioner. Mr.A.I.Patel AGP for respondent nos.2 to 4. Mr.Ajay D.Magadum h/f Mr.S.S.Patwardhan for the petitioner in W.P.No.3297/09. CORAM : D.B.BHOSALE, J. DATED : 25TH SEPTEMBER, 2009 P.C. :- 1. Heard learned counsel for the parties and learned A.G.P. for the State. 2. Writ Petition No.7116 of 2008 was dismissed as withdrawn in view of the affidavit filed by one Vishwas Balaku Patil dated 16.4.2009 seeking permission of this court to withdraw the writ petition filed by the petitioner-society unconditionally. Mr.Borkar, learned counsel for the 2 petitioner submits that the said affidavit in fact was filed by the Chairman of Shri Kedarling Vividh Karyakari Seva Sanstha Maryadeet, Wasanoli, Tal.Bhudargad, Dist.Kolhapur which is the petitioner in writ petition No.7113 of 2008. Through inadvertence wrong number of the writ petition being writ petition No.7116 of 2008 was mentioned on the affidavit filed by Vishwas Balaku Patil and as a result thereof the order dismissing writ petition No.7116 of 2008 was passed. The petitioners, therefore, have prayed for recalling the order dated 8th May, 2009 passed in writ petition No.7116 of 2008. I have perused the affidavit and the resolution passed by the petitioner-society in writ petition No.7113 of 2008. From perusal thereof it is clear that the decision to withdraw the writ petition was taken by Shri Kedarling Vividh Karyakari Seva Sanstha Maryadeet, the petitioner in writ petition No.7113 of 2008 and the affidavit dated 16.4.2009 was also filed by the Chairman of the petitioner-society therein. 3 In the circumstances the order dated 8.5.2009 passed in writ petition No.7116 of 2008 is recalled and the writ petition is restored to file. (D.B.BHOSALE, J.)