1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION WRIT PETITION NO. 5206 OF 2011 Shri Navnath Jagu Sawant & Others ...Petitioners Versus Subhashchandra Ramvilas Tapdiya ...Respondent Mr.Ajit Kenjale for the Petitioners Ms. Vijaya Mohite for the Respondent CORAM:- R.Y.GANOO, J. DATED:- 9th SEPTEMBER, 2011. P.C. 1. After some arguments, learned Advocate for the petitioners, upon instructions from his client applied for withdrawal of this petition. 2. The request is granted. Petition is allowed to be withdrawn. In the facts and circumstances of the case, the petitioners are directed to pay to respondent costs of Rs.3000/- (Rupees Three Thousand Only) for making the respondent to oppose this petition. 2 3. Cost condition precedent for future proceedings in the trial court. Cost to be paid within three weeks from today. 4. After the aforesaid order is passed, learned Advocate for the petitioners states that request was made on the earlier occasion to frame issue and the said request was rejected, and he wants to challenge that order. It is open for the petitioners to challenge that order in accordance with law. This court has not expressed any views on the merits of the matter. (R.Y.GANOO, J.)