1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4091 OF 2008 (Manoharrao Bhagwanji Khadse vs. Deorao Sitaramji Mankar & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. NOVEMBER 10, 2008. Shri Doifode, learned counsel for the petitioner seeks permission to withdraw present writ petition with liberty to file appropriate application before the trial Court seeking leave to join Cooperative Housing Society thorough its President as party defendant and also an application for amendment accordingly. Shri Kothari, learned counsel for respondent No.5 and also Shri Mirza, learned counsel for respondents No. 2 & 3 state that Court below has correctly rejected the application as filed and there is no question of granting any liberty as sought because said liberty is always available to the petitioner. I find that because of technical flaw, the Court below has passed the impugned order. The petitioner is always at liberty to move appropriate applications to bring correct facts on record as his 2 suit is for removal of encroachment. Thus, the petitioner is at liberty to move appropriate applications. Writ Petition is accordingly allowed to be withdrawn with liberty as prayed for. JUDGE *GS.