1 WP 1376/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1376 of 2011 Mahesh Kantilal Bhayani and ors. ... Petitioners versus Pratik Builders and others ... Defendants ... Mr. Nilesh Patil for the petitioner. Mr.P.S. Dani with Mr.R.D.Suryawanshi for the respondent CORAM : D.G. KARNIK, J DATED : 6th May 2011 P.C. 1. This writ petition is directed against the order dated 21 October 2010 passed by the Court rejecting the application of defendant no.1(petitioner) for adjournment and allowing the application of the plaintiff to discard the evidence of the evidence of DW no.2 as he failed to appear before the court for cross examination. 2. Learned counsel for the respondents plaintiffs pointed out that the writ petition has become infructous in view of the fact that by a subsequent order dated 21 February 2011, the evidence of defendant no.1 is closed. In view of the fact that the evidence of 2 WP 1376/11 defendant no.1 is closed now, there is no question of permitting him to keep his witness present for the purpose of cross examination. Counsel further submits that unless the order dated 21 February 2011 is set aside, the present writ petition is not maintainable. 3. In view of the submissions made by the learned counsel for the respondent, learned counsel for the petitioner seeks leave to withdraw the writ petition with liberty to challenge all adverse orders including the order dated 21 February 2011. Leave granted. Writ Petition is disposed of as withdrawn with liberty as above. 4. It is clarified that no opinion is expressed on the merits of the matter. (D.G.KARNIK, J)