1 THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4899 OF 2009 Kailas s/o Nathu Suryawanshi, Age: 45 years, Occ: Service, working as Head Master in Nalanda Vidhayalaya, Chalisgaon, Dist. Jalgaon. ... Petitioner Versus Ashok s/o Barikrao Somwanshi, Age: 57 years, Occ: Service, R/o. 10-B, Adarshnagar, Dhule Road, Chalisgaon, Dist. Jalgaon and others. ...Respondents ... Mr. V.D. Sapkal, Advocate for the petitioner. Mr. R.J. Godbole, Advocate for respondent No.1. ... CORAM : K.K. TATED, J. DATE : 28th JULY, 2009. PER COURT : 1. Heard learned Counsel for the petitioner and learned Counsel for respondent No. 1. 2 2. By this petition under Article 227 of the Constitution of India, the petitioner is challenging the order dated 10-07-2009 passed by the Presiding Officer, School Tribunal, Nashik below application dated 25-06-2009 in Jalgaon Appeal No.8/2006. 3. Respondent No. 1 filed the application dated 25-06-2009 for amendment in Appeal No. 8/2006. Learned Counsel appearing on behalf of respondent No. 1, on instructions from his client, makes a statement that respondent No. 1 is not pressing his application dated 25-06-2009 and he seeks leave to withdraw the same. 4. In view of the statement made by the learned Counsel, on behalf of respondent No. 1, respondent No. 1 is allowed to withdraw his application dated 25-06-2009. In view of the withdrawal of the application dated 25-06-2009, the operation and execution of the order dated 10-07-2009 is stayed. The learned Counsel appearing on behalf of respondent No. 1 undertakes to file pursis to this 3 effect within one week from today. 5. In view of the withdrawal of application dated 25-06-2009, nothing survives in the present Writ Petition and same is disposed of accordingly, with no order as to costs. The School Tribunal, Nashik should decide the matter, as if amendment is not allowed, as per order dated 10-07-2009. (K.K. TATED,J.) sut/JUL09/wp4899.09