: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.169 OF 2009 IN SECOND APPEAL NO.352 OF 1993 Rajendra Ganesh Kulkarni ... Applicant V/s. Prakash Ganesh Kulkarni & Anr. ... Respondents Mr. Mandar Limaye for the Applicant. Mr. M.R. Katikar for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATED : 21 ST AUGUST, 2009. P.C.: 1. The present Civil Application has not been filed against all the parties who would be affected in respect of the partition. By the order of 24th February, 2005, this court had rejected an application filed by the applicant, which according to the learned Judge stalled the partition proceedings initiated on the basis of the decree for partition passed in Regular Civil Appeal No.70 of 1989. The present Civil Application also does not implead the requisite parties. Therefore, the learned Advocate for the applicant seeks leave to withdraw the Civil Application and to file a proper Civil Application impleading all the necessary parties. : 2 : 2. The Civil Application is allowed to be withdrawn and dismissed with liberty as prayed. .......