1 WP 1672/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1672 of 2011 Mahesh Kantilal Bhayani & ors. ... Petitioners versus Pratik Builders and ors. ... Defendants ... Mr. Nilesh Patil i/b Ms.Leena Patil for the petitioner. Mr.P.S. Dani with Mr.R.D.Suryawanshi for the respondent CORAM : D.G. KARNIK, J DATED : 6th May 2011 P.C. 1. This writ petition is directed against the order dated 1 October 2010 rejecting the application of defendant no.1 (petitioner) for permission to adduce secondary evidence regarding the alleged deed of retirement dated 7 February 1987 and deed of dissolution dated 31 December 1987. 2. Learned counsel for the respondent submits that the writ petition has become infructuous in view of the fact that subsequently be an order dated 21 February 2011, the evidence of the defendant no.1 has been closed on account of his absence. Since the evidence of the defendant no.1 has been closed, there is 2 WP 1672/11 no question of now considering an application for grant of permission to adduce secondary evidence. He submits that unless the order dated 21 February 2011 closing the evidence of the defendant is challenged, the order impugned in this petition cannot be challenged. 3. In view of the facts disclosed by the counsel for the respondent, learned counsel for the petitioner seeks leave to withdraw the writ petition with liberty to file fresh writ petition challenging all adverse orders including the order dated 21 February 2011. Leave granted. Writ Petition is disposed of as withdrawn with liberty as above. 4. It is clarified that no opinion is expressed on merits. (D.G.KARNIK, J)