1 WP No.2725/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2725 of 2011 Godavari Padmanabh Prabhu ... Petitioner versus Shalini Venkatesh Prabhu and ors. ... Respondents ... Mr.Anilkumar Patil for the petitioner. CORAM : D.G. KARNIK, J DATED : 20th June 2011 P.C. 1. After the petition was argued and I was about to pass the order, learned counsel for the petitioner submits that in view of a technical defect in making an application for witness summons, without disclosing sufficient cause as required by Order 16 Rule 1(3) of the Code of Civil Procedure, application and writ petition is likely to fail and therefore, he may be permitted to withdraw the original application for issuance of a witness summons with liberty to apply afresh. Leave granted subject to payment of costs of Rs. 500/- in the trial court as a condition precedent. Costs shall be deposited in the trial court within two weeks with liberty to the respondents to withdraw the same. Subject to deposit of costs as aforesaid, petitioner is accordingly permitted to withdraw the 2 WP No.2725/11 original application made at Exhibit 85 with liberty to file a fresh application. If fresh application is filed, it shall be considered by the trial court on its own merits. In view of the withdrawal of the original application, writ petition does not survive and is disposed of. (D.G.KARNIK, J)