1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3779/2009 (Prem D. Rathod ..vs.. Jamnalal Through Lrs 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:- B.P. DHARMADHIKARI, J. DATE:- NOVEMBER 10, 2009 Heard. Advocate Shri S.D.Chopde for petitioner states that present writ petition should be converted into Second Appeal, in view of judgment of Hon’ble Apex Court in the judgment reported at A.I.R. 2005 SUPREME COURT 226 in case of Shamsundar ..vs.. Pannalal. He, however, points out that earlier Second Appeal (Stamp) No. 9055/2009 was filed and then as per advise received, it was withdrawn by the appellant and present writ petition came to be filed. It is apparent that as petitioner continues to agitate his grievances, liberty to convert present writ petition into Second Appeal can be granted. In the circumstances, without prejudice to the rights of 2 respondents in the matter, leave as prayed for is granted. Necessary conversion be effected by 30/11/2009. Writ Petition is accordingly disposed of. No costs. JUDGE Diwale.