1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1431 OF 2008 Nanaksing Avinashsingh Biji and Ors. .. Petitioners Versus Manpreet Nanaksingh Biji .. Respondents Mr.G.R.Agarwal for petitioners CORAM : S.C.DHARMADHIKARI, J. DATE : 4th March 2008 P.C. . Mr.Agarwal for petitioner prays that the order passed by the trial court striking of defence of the present petitioners in the pending proceedings has been delivered without passing 2 any orders on the pending application to set aside the ex parte order. His submission is, therefore, liberty may be given to petitioners to approach Additional Dist.Judge, Nashik with a request to him to hear the main application and, thereafter, give effect to the impugned order. 2. In the light of the fact that the petitioners desire to approach the Trial Court with a request to recall its ex-parte order. This petition is allowed to be withdrawn with the liberty as above. The trial court also to consider request of the petitioner for staying further proceedings until main application is decided. All contentions of both sides are expressly kept open. No opinion is expressed thereon. (S.C.Dharmadhikari, J)