1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.8285 OF 2009 Tukaram s/o Malgi Kokate Petitioner Versus Shrimant s/o Baburao Sarvade Respondent Mr.P.V.Ambade, advocate for petitioner. Mr.S.R.Bharad, advocate for Respondent. CORAM : R. M. BORDE, J. DATE : 26th April, 2010. PER COURT : 1 In view of the judgment of the Apex Court in the matter of Shyam Sundar Sarma Vs. Pannalal Jaiswal & others, reported in (2005) 1 SCC 436, order passed by District Judge-1, Majalgaon on 22.06.2009 is amenable to the appeal. 2 Learned Counsel for the petitioner, on instructions, seeks leave to withdraw the petition with liberty to avail of appropriate remedy available under law. 3 Leave granted. Petition stands rejected as withdrawn with liberty as prayed for. Pendency of this petition would surely be taken into account while considering application for condonation of delay while entertaining Second Appeal. In view of the order passed by this Court on 8th December 2009, petitioner has deposited a sum of Rs.5000/-. Petitioner is at liberty to withdraw the amount deposited by him. ( R. M. BORDE) JUDGE adb/wp828509