IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE. APPELLATE SIDE. APPELLATE SIDE. WRIT PETITION NO.1331 OF 2009 WRIT PETITION NO.1331 OF 2009 WRIT PETITION NO.1331 OF 2009 Mr Nandan Mohan Chandavarkar. .. Petitioner. vs. Mrs Pallavi Chandavarkar & Ors. .. Respondents. Mr Aspi Chinoy a/w Ms Soma Singh for the Petitioner. Mrs M. Deshmukh for the Respondent No.1. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 21st January,2009. DATED: 21st January,2009. DATED: 21st January,2009. P.C.: P.C.: P.C.: 1. Heard. 2. Perused petition. 3. On the joint motion made by the parties appearing in the petition, the petitioner is permitted to withdraw his application at Exh.D herein (Exh.2 in the Trial Court) seeking waiver of the period of six months with liberty to file fresh application. 4. Withdrawal as prayed is permitted. It is needless to mention that in view of the withdrawal of the subject application (Exh.2) the impugned order passed below Exh.2 would not survive. 5. It would be open for the petitioner to move proper application with appropriate pleadings before the Family Court within one week from today. In the event of such application, the Family Court is expected to decide the same within four weeks from the date of receipt of the application uninfluenced by the impugned order following the principles of natural justice. 6. All rival contentions are kept open. 7. In the result, the petition is dismissed as withdrawn with aforesaid liberty reserved in favour of the Petitioner. No order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)