jpc 1 wp10552-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 10552 OF 2011 Haroon Ali Mohammad Malkani and another ... Petitioners Versus Yusuf Ali Mohamad Malkani ... Respondent Mr. M. M. Vashi aw Mr. A. A. Siddiquie i/by A.A. Siddiquie & Associates for the petitioenrs Mr. R. D. Soni i/by Ram & Co. the Respondent CORAM: R. M. SAVANT, J. DATED : 23rd December, 2011 P.C. : 1. At the outset, the learned counsel appearing for the petitioners Mr. Vashi states that the petitioner no.1 has expired on 20th December, 2011. Mr. Vashi, therefore, tenders a draft amendment to the cause title so as to incorporate names of heirs of Respondent. The learned counsel for the Respondent has no objection. Hence leave to amend granted. Amendment to be be carried in the course of the day. 2. The learned counsel for the petitioners Mr. Vashi, in view of the observations made in para 9 of the impugned order, seeks withdrawal of the petition as well as Execution Application No. 577 of 2010 and to jpc 2 wp10552-11.sxw file a fresh application for execution. The Writ petition as well as the Execution Application No. 577 of 2010 are accordingly allowed to be withdrawn. If any such fresh application for execution is filed, the same would be considered and decided on its own merits and in accordance with law. All the contentions of the parties are kept open for being agitated therein. (R. M. SAVANT, J.)