IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION NO. 8703 OF PETITION NO. 8703 OF PETITION NO. 8703 OF 2005 . 2005 . 2005 . Rakesh Chandra Upadhya ... Petitioner. V/s. Bharatbhai Patel ... Respondents. Shri R. K. Bharuka for the petitioner. Shri Geeta Shastri i/b M/s Khilnani & Co. for respondent No.1. Shri Agnes Baradia i/b M/s Thakore Jariwala & Associates for respondent No.2. CORAM CORAM CORAM : V.C.DAGA, J. : V.C.DAGA, J. : V.C.DAGA, J. DATED DATED DATED : 22.12.2005. : 22.12.2005. : 22.12.2005. P.C. P.C. P.C. : : : ---- ---- ---- . Parties to the petition have presented Minutes of the Order daqted 22.12.2005. The same are taken on record and marked X for identification. The said Minutes of Order are signed by respondent No.1 and the petitioner along with their respective Counsel. . So far as respondent No.2 is concerned, he is not a party to the Minutes of Order. Petitioner seeks to withdraw this petition against respondent No.2. The petition is thus, dismissed against respondent No.2 as withdrawn. All contentions of respondent No.2 are kept open. Minutes of the Order stand accepted without prejudice to the rights of respondent No.2. . Petition stands disposed of in terms of this order with no order as to costs. . Petitioner to carry out necessary amendment deleting name of respondent from the arrary of parties during the course of the day.