1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1885 OF 2008 Baburao Yashwant Kadam & Ors. .. Petitioners Versus Vijay Pandurang Borate & Ors. .. Respondents Mr.U.P.Warunjikar for petitioner CORAM : S.C.DHARMADHIKARI, J. DATE : 25th March 2008 P.C. . Mr.Warunjikar upon instructions makes a statement that petitioner appellant withdraws application (Exh.17) preferred in Regular Civil Appeal No.42 of 2007 with liberty to file a comprehensive application invoking jurisdiction 2 of the appellate court under order 41 Rule 27 of C.P.C. In the light of the withdrawal of the application with liberty as above, nothing survives in this petition. Needless to state that if fresh application is made, lower appellate court to consider it uninfluenced by any observations in the impugned order. All contentions in that behalf of both sides are kept open. Petition disposed of. No costs. (S.C.Dharmadhikari, J)