1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3871 OF 2009 Dattaram Dharma Mayekar & Anr. .. Petitioners versus Abhimanyu Dharma Mayekar & Ors. .. Respondents Mr.S.M.Railkar for the petitioners. Mr.Prabhavalkar for respondent No.1. CORAM : A.S.OKA, J. DATE : 15th March 2010. P.C.: . Heard learned counsel appearing for the petitioner and learned counsel appearing for the 1st respondent. The learned counsel appearing for the 1st respondent states that in the application made by the 1st respondent at Exhibit 128 there are no proper averments and there are some errors. He submits that by setting aside the impugned order, the 1st respondent may be permitted to withdraw the said application with liberty to file a fresh application for amendment containing appropriate averments. The said request is opposed by the learned counsel appearing for the petitioners. 2. The 1st respondent-plaintiff wants to withdraw the application on which impugned order has been passed. The said request will have to be acceded to. Hence, petition is disposed of by passing following order: 2 : O R D E R : (a) The impugned order dated 25th February 2009 is quashed and set aside. (b) The 1st respondent is permitted to withdraw application at Exhibit 128 with liberty to file a fresh application for amendment of the plaint. (c) All contentions of the parties on fresh application which may be preferred by the 1st respondent are kept open. (d) Writ petition is disposed of in above terms. (A.S.OKA,J)