gst 1 caw906.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO. 906 OF 2011 IN WRIT PETITION NO. 9804 OF 2010. Shahaji Baburao Petkar... .... ..Applicant. V/s The Saraswat Employee Coop. Hsg. Soc. & Ors. ..Respondents. Ms.P.N.Dabholkar, Adv. For the applicant. Mr.S.S.Kulkarni, Adv. For the respondents. CORAM: B.R. GAVAI, J. 19th April, 2011 PC: At the outset learned counsel for the applicant does not press the allegations made in para 6 of the civil application. Same stand expunged. 2. The applicant seeks review of the order dated 28.1.2011. Learned counsel for the applicant submits that vide para 2 of the order under review though this Court has directed the learned trial Court to decide the application made by the petitioner on its own merits for leading the evidence, it has not reserved the right of the present applicant-decree holder to oppose such an application and has also not reserved the decree-holder’s right to make submission. 3. The apprehension is totally misplaced. When this Court has observed that such an application, if so made by the petitioner for leading the evidence “the learned trial Court would consider the same on its own merits”, it is implicit that right of decree-holder to oppose such an application and make legal submissions in support of its contention has been kept intact. 4. In that view of the matter, civil application stands disposed of.