IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1997 OF 2009 (Rajendra Bhaurao Hatkar vs. Smt. Bayanabai P. Gondewar (dead) through Lrs & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JULY 01, 2010. The matter is for final disposal. Nobody appears for Respondents No. 2 to 5, though served. I have perused the impugned order with the assistance of Shri Deshpande, learned counsel for the petitioner. The impugned order does not show why suit against present petitioner (defendant No.1) is allowed to be withdrawn with liberty. While narrating arguments, it is mentioned that claim against present petitioner has become infructuous. If the claim became infructuous, there was no question of granting any liberty. Thus, I find that the impugned order does not meet the requirements of law. The same is, therefore, quashed and set aside. Exh. 115 is restored back to the file of Joint Civil Judge, Junior Division, Saoner, for taking fresh decision in it in accordance with law. Such fresh decision be taken as early as possible and in any case by 15th August 2010. Writ Petition is disposed of. Rule accordingly. No order as to costs. JUDGE *GS.