1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Application No.7700/2008 IN Writ Petition No. 3066/2008 (Amarsingh Heerasingh Thakur VERSUS Tulsiram Kisnji Ingle & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Shri Shyam Dewani, counsel for the applicant. Shri A.M. Gordey, counsel for the R-1. Shri W.G. Charde, counsel for the R-2 and 3. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 15, 2008. By this civil application, the applicant seeks permission to withdraw the writ petition with liberty to file second appeal. The prayer made in the civil application is opposed by the counsel for the respondents to the extent of grant of liberty for filing second appeal as according to the counsel for the respondents, the question of tenability of the second appeal would be decided by the Court while considering the second appeal for admission. The first part of the order made in the civil application is granted. The applicant is permitted to withdraw the writ petition. The applicant is also granted liberty to file second appeal with a rider that 2 the question of tenability of the second appeal would be left open and the respondents would be entitled to raise a question about the maintainability of the same. The civil application is allowed in the aforesaid terms and disposed of. The writ petition is disposed of as withdrawn. JUDGE APTE