1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3512 OF 2009 Ramlal Kanyalal Dangi & Anr. .. Petitioners. Vs. Pune Municipal Corporation & Ors. .. Respondents. Mr.S.S.Kanetkar for the petitioners. Mr.Sanjay Kshirsagar for respondent no.8. Mrs.S.S.Bhende A.G.P. for respondent no.9. CORAM : D.B. BHOSALE, J. DATED : 7TH OCTOBER, 2009 P.C. . Heard learned counsel for the parties. 2. Mr.Kanetkar, learned counsel for the petitioners submits that during pendency of this petition the suit itself has been disposed of and hence this petition has become infructuous. He, submits that the petitioners have carried the matter in appeal. He, therefore, seeks liberty to file application under Order 1 Rule 8 of the Code of Civil Procedure in the appeal. Mr.Kshirsagar, learned counsel for respondent no.8 has no objection for granting such liberty subject to the respondents’ right to oppose the said application. In the circumstances this writ petition is disposed of as infructuous with liberty as prayed, 2 subject to the respondents’ right to oppose the application. While granting the liberty I shall not be understood to have expressed any opinion on merits of the case. All contentions of the parties are kept open. With these observations the writ petition is disposed of. (D. B. Bhosale, J.)