Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 758 of 2009 Smt. Sheela Jawaharlal Nagori & ors. ...Petitioners V/s. Shri Ashokkumar Nagindas Saraf & ors. ...Respondents Mr. Sanjay S. Gawde for the petitioners. Mr. S.M.Gorwadkar for the respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 25TH FEBRUARY, 2009 : 25TH FEBRUARY, 2009 : 25TH FEBRUARY, 2009 P.C. . Heard Counsel for the parties. 2. In deference to the observation made during the course of arguments, Counsel for the Petitioners submits that in that case the Petitioners be permitted to withdraw the application Exhibit 25 and instead file a proper application giving all material details so as to consider the question in regard to subsequent events as also in regard to matters pertaining to events which were existing during the trial but were not within the knowledge of the Petitioners at the relevant time and have come to their notice only after the decision was rendered by the Trial Court. All questions in that behalf will have to be addressed on its own merits. 3. In the circumstances, this Petition is disposed of 2 on accepting the request of the Petitioners that the Application Exhibit 25 be treated as withdrawn with liberty to the Petitioners to file fresh application giving all necessary details which application will have to be considered on its own merits in accordance with law uninfluenced by the opinion recorded in the impugned Judgment or the present order. 4. Ordered accordingly. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]