1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.9502 of 2009 Sharadchandra Kamlakar Chaphalkar & ors. ... Petitioners versus Laxmichand Jivraj Dedhia ... Respondent ... Mr.Nitin Mulye for the petitioner. Mr.S.U. Dhakephalkar for respondent CORAM : D.G. KARNIK, J. DATED : 09th June 2010 P.C. 1. The writ petition is directed against the order of the trial court refusing the application for amendment by the plaintiff. 2. Learned counsel for the plaintiff states that in view of the refusal of the amendment, plaintiff wants to withdraw the suit with liberty to file a fresh suit concerning the same subject and he would make such an application to the lower court. Consequently, he wants to withdraw the present writ petition to enable him to present the appropriate application to the trial court. If such an application is made, it shall be considered by the trial court on its own merits. 3. With this observation, writ petition is allowed to be withdrawn. (D.G. KARNIK,J.)