1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | CONTEMPT PETITION NO.27/2009 Shri B.K.Patil h/f Shri Hemant Surve, Adv.for petitioner. Shri Girase,Adv.for R.1. .... CORAM : R.K.DESHPANDE,J. DATE : 23/11/2009. 1] Shri Girase, Adv.for respondent no.1 has placed on record affidavit dated 23/11/2009 of one Shri Rajesh S/o Bhagchand Daga, stating in para 3 of the affidavit as under : "3. I humbly say and submit that I specifically denied the contentions of the petitioner in para No.2 that the answering respondent has disposed of half portion of the suit property in favour of Contemptner Nos.2 to 4 by way of an Agreement to Purchase and received substantial amount. I further denied the contentions of the petitioner that, the Contemptner Nos.2 to 4 have started construction over the suit property. The said contentions of the petitioner is incorrect and 2 false. As the answering respondent already given an undertaking that, they will not alienate the suit property or create third party interest, therefore, they have neither alienate the suit property in favour of the Contemptner Nos.2 to 4 or any other person nor they have created any third party interest. The said contentions of the petitioner is incorrect and false. 2] In view of the aforesaid statement, nothing survives in the petition. Learned counsel for petitioner seeks permission to withdraw the petition. The same is therefore, dismissed as withdrawn. (R.K.DESHPANDE, J.) umg/cp27-09