{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.975 OF 2009 Bhivsen Sadhu Sakhare & Ors PETITIONERS VERSUS Arunkumar Tarachand Rakhecha (Deceased) Thru LRs RESPONDENTS ....... Mr.G.B.Kadlag, Advocate for petitioners Mr.S.V.Gangapurwala, Advocate rfor respondent No.1 ....... [CORAM : A.V.POTDAR, J.] DATE : 25th June 2009 PER COURT: 1. After arguing the matter for sometime, learned advocate appearing for petitioners seeks leave to withdraw the writ petition with liberty to file appropriate / suitable application before first appellate authority to apply for setting aside the order of abatement and to bring LRs of deceased respondent No.1 on record, with a prayer of restoration of appeal by setting aside the order passed below Exhibit-1 on 07.07.2007 as well as 13.08.2008. Leave granted. Writ petition stands disposed of as withdrawn with liberty as prayed for, with no order as to costs. The first appellate {2} court to decide the application, if moved by the petitioner, on it own merits in accordance with law without getting influenced by the observations of this Court. [A.V.POTDAR, J.] drp/wp975-9