1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7588 OF 2008 Rajabhau S/o.Namdeo Khose PETITIONER VERSUS Varsha W/o.Rajabhau Khose, and others RESPONDENTS Mr.S.S.Manale, advocate for petitioner Mr.Dhananjay Deshpande, advocate for respondent no.1 to 3. (CORAM : A.V.POTDAR, J.) DATE : 18/06/2009 PER COURT : 1. Yesterday, when the writ petition came up on board of admission, I was informed by the learned advocate for petitioner that during the pendancy of the writ petition, the subject matter of the suit pending before the Trial Court was referred before the Taluka Inspector of Land Records and now the measurement is completed. What transpire during the measurement carried out by the TILR, the learned advocate for petitioner want to bring on record. It is a matter of record. The Trial Court has passed the order on the basis of record available before the Trial Court at the time of passing of the order. The order passed on the application for temporary injunction was 2 based on that record, which was challenged before the First Appellate Court i.e. the District Court at Latur. This order was also passed by the First Appellate Court on the basis of record available with them. As now some fresh record is available to the petitioner, and on that basis if the petitioner intend that some interference is required, then it was suggested that the petitioner to place this record now available before the Trial Court and to apply before the Trial Court to pass the order in the light of change in situation. When this fact is brought on record, advocate for petitioner seeks leave to withdraw this writ petition with leave to move the Trial Court by placing on record the record now available. Leave granted to withdraw the present writ petition with a leave to move the Trial Court with fresh application and the documents now made available with fresh prayer. With this leave, writ petition allowed to be withdrawn and stands disposed of accordingly. It is made clear that Trial Court need not influence by the observations of this Court while passing the order and to dispose of the matter as early as possible. (A.V.POTDAR, J.) khs/wp7588-08