1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 2072/2007 Madhusudan Wasudeorao Ghuee ..vs.. The Municipal Commissioner, Nagpur Corporation Nagpur and others -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: R. V. MORE, J. DATED : 13 th February, 2008 1. Mr. Chaube, learned counsel for the petitioner seeks leave to withdraw the present writ petition with liberty to file application under Order 41 Rule 19 of the Code of Civil Procedure for restoration of the appeal. 2. The order impugned in the present writ petition and the order impugned in Writ Petition No. 700/2007 is common order passed in Regular Civil Appeal Nos. 45/1997 and 46/1997. The accompanying Writ Petition No.700/2007, is disposed of today by passing separate order. 3. In that view of the matter, the petitioner is granted leave to withdraw the present petition with liberty to file application under Order 41 Rule 19 of the Code of Civil 2 Procedure before the lower appellate Court in Regular Civil Appeal No. 45/1997. 4. Needless to mention that the petitioner is entitled to claim benefit of Section 14 of the Limitation Act while preferring application for restoration of appeal. 5. The writ petition stands disposed of accordingly. 6. In view of above order, all the civil applications, pending in the present writ petition, do not survive and the same are disposed of accordingly. JUDGE kahale