- 1 - 30-wp-1878-2011 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1878 OF 2011 Rajnath K. Dubey .. Petitioner V/s. Hasmukhlal Kansara (since deceased) through his Legal Heir 1(a)Smt. Urmila H. Kansara & Others. .. Respondents. Mr. Ravi Dwivedi i/b. M/s. Pandey & Co., for the Petitioner. Ms. Bangera for Respondents. CORAM : G.S.GODBOLE,J. DATE : 11th OCTOBER, 2011. P.C. 1 Perused the earlier orders dated 8th March, 2011 and 15th March, 2011. The order dated 15th March, 2011 reads thus:- “ Heard the learned counsel appearing on behalf of the petitioner. The petitioner is challenging the order passed by the Lower Appellate Court who was pleased to dismiss his appeal and a direction was given to the trial Court to expedite hearing of the suit and decide it on merits within a period of three months; a further direction was given to the petitioner to deliver possession of the suit premises within two months from the date of the order. The petitioner is aggrieved by this directions which is given. - 2 - 30-wp-1878-2011 It is submitted that on one hand the trial Court is directed to decide the suit within three months and on the other hand, during pendency of the suit in the trial Court, petitioner is asked to hand over possession of the suit premises. It is submitted that the said direction which is given, is, therefore, patently illegal. There is some substance in the submissions made by the learned counsel appearing on behalf of the petitioner. If petitioner hands over possession to the respondent, the suit itself would become infructuous. Hence, issue notice to respondent Nos.1(a) to 1(c) returnable after 4 weeks. Hamdast permitted. In the mean time, there shall be an ad-interim relief in terms of prayer clause (c).” 2 It is brought to my notice that R.A.E. Suit no. 201 of 1991 filed by the present Petitioner has been dismissed on 30th July, 2011 on merits. The learned Advocate for the Petitioner prays for unconditional withdrawal of the Writ Petition. Writ Petition is allowed to be withdrawn. 3 Interim order passed earlier on 8th March, 2011 and continued thereafter is vacated on account of unconditional withdrawal of the Writ Petition. (G.S.GODBOLE,J.)