1 wp1693-11.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPLICATION JURISDICTION Writ Petition No. 1693 of 2011 Mr.Binish Balan .. Petitioner v/s. Mrs. Smitha Binish ..Respondents Mr.Rahul Singh for the petitioner CORAM : R.Y.GANOO, J. DATED : 15th March, 2011 P.C. : 1. After some arguments, learned Counsel Mr. Rahul Singh applied for withdrawal of this Writ Petition. He informed the Court that he had filed an application before the learned Civil Judge, Senior Division, Kalyan, being Application dated 25.2.2011, calling upon the wife respondent to produce her original Salary Certificate and certified copy of the bank statement. The Counsel appearing on behalf of the petitioner further submitted that the petitioner be given a chance to make an application before the learned Judge at Kalyan for modification of the Order dated 20.1.2011 on the ground that income 2 wp1693-11.sxw of the petitioner has not been arrived at by the learned Judge properly. In view of the above, following order is passed. ORDER i) Petition is allowed to be withdrawn. The petitioner is free to make an application before the learned 4th Joint Civil Judge, Senior Division, Kalyan praying for modification of the order dated 20.1.2011 on the ground that his income is less than what has been observed by the learned Judge, and as also his wife has some income. ii) The learned Judge shall not hear the application dated 25.2.2011 and closed the said application. The petitioner shall pay to the Legal Service Committee, Bombay the cost of Rs.2000/- (Rupees Two Thousand Only) in this petition. iii) Cost condition precedent for proceeding to be conducted before the trial court. [R.Y.GANOO, J.]