1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4873 OF 2009 Sudamrao s/o Saluji Ghodke, Age: 71 years, Occ: Pensioner, R/o.Bazar Road, Georai, District Beed. .. Petitioner Versus Subhash s/o Vitthal Barge, Age: 44 years, Occ: Agri & Business, R/o.Bazar Road, Georai, District Beed & Ors. .. Respondents ... Mr. S.V. Nathu, Advocate for petitioner. ... CORAM : K.K. TATED, J. DATE : 29TH SEPTEMBER, 2009. PER COURT : 1. Heard learned Counsel for the petitioner. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner - original plaintiff challenges the order dated 20-02-2009 passed by the 2nd Joint Civil Judge, J.D. Georai below Exhibit-84 in R.C.S. No. 241/2003 rejecting the petitioner's application for re-measurement of the suit property. 2 2. Learned Counsel appearing on behalf of the petitioner seeks leave to withdraw the application filed by the original plaintiff below Exh. 84 dated 11-06-2008 with liberty to file fresh application for appointment of any other technical person. Leave granted with liberty as prayed for. 3. In view of the withdrawal of application below Exh. 84 in R.C.S. No.241/2003, nothing survives in the present Writ Petition. petitioner is granted liberty to file fresh application for appointment of any other technical person for measurement of the suit property. 4. With this direction, Writ Petition is disposed of accordingly. [ K.K. TATED, J.] sut/SEP09/wp4873.09