LPA 251/10 in CA 9511/10 in WP 6216/09 with CA 12696/10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO.251/2010 IN CIVIL APPLICATION NO.9511/2010 IN WRIT PETITION NO.6216/2009 WITH CIVIL APPLICATION NO.12696/2010 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri V.D. Hon, Advocate for appellant / applicant. Shri R.P. Phatake, AGP for respondent nos.1 to 3. Shri V.D. Sapkal, Advocate for respondent no.4. CORAM: D.B. BHOSALE & R.M. BORDE, JJ. Date: 21.01.2011 Heard learned counsel for the parties. By consent of learned counsel for the parties, Letters Patent Appeal is taken up for hearing. The Letters Patent Appeal is directed against the order dated 3.8.2010 passed by learned Single Judge on Civil Application No.9511/2010 in Writ Petition No. 6216/2009. LPA 251/10 in CA 9511/10 in WP 6216/09 with CA 12696/10 2 Shri V.D. Hon, learned counsel for the appellant, on instructions, seeks liberty to withdraw Civil Application No.9511/2010 with liberty to the appellant to file fresh application for appropriate reliefs. Shri Hon submits that the questions raised in the Letters Patent Appeal may be allowed to be raised and agitated before the learned Single Judge either at the time of hearing of the fresh civil application, that the appellant proposes to file, or in the writ petition itself. Learned counsel for respondent no.4 has no objection for allowing to withdraw the civil application with liberty as prayed. In view of the submissions of learned counsel for the parties, we are satisfied that this letters patent appeal can be conveniently disposed of by the following order. Civil Application No.9511/2010 is allowed to be withdrawn and disposed of as such with liberty as prayed. If the appellant files fresh civil application as afore- mentioned, the same may be considered on LPA 251/10 in CA 9511/10 in WP 6216/09 with CA 12696/10 3 merits in accordance with law and uninfluenced by the observations made in the order dated 3.8.2010. All contentions of the parties are kept open. In view of withdrawal of the civil application, the order passed thereon dated 3.8.2011 renders ineffective. In view of disposal of the Letters Patent Appeal, Civil Application No. 12696/2010 also stands disposed of. (R.M. Borde, J.) (D.B. Bhosale, J.) Dt/- 21.01.2011 ndk/c211114