1 wp5237.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5237 OF 2011 [ Jayashree Shyam Hundiwala vs. Laldas Pannalal Shah & Ors ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. R.R. Mantri, Advocate for petitioner. CORAM : S.S. SHINDE, J. DATE : 21ST JULY, 2011 PER COURT : Learned Counsel appearing for the petitioner after arguing the matter for some time, seeks leave to withdraw the petition, with liberty to file a fresh application before the trial Court. 2. It is argued by the Counsel that the application which was filed by the petitioner was in fact seeking relief under Order 1 Rule 10 of the Code of Civil 2 wp5237.11 Procedure. However, provisions of Order 6 Rule 17 of the Code of Civil Procedure were wrongly quoted in the application filed before the trial Court. Therefore, merely because such provisions are wrongly mentioned and argued, the petitioner should not suffer. In this background, leave granted to the petitioner to withdraw the petition, with liberty as prayed for. 3. Writ Petition is dismissed as withdrawn. . It is needless to mention that the trial Court, without influenced by the observations in the judgment and order assailed in this writ petition, decide the application of the petitioner afresh, if at all such application is filed. [S.S. SHINDE, J.] sut/JUL11