(902) caw-2111.16&2112.16 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2111 OF 2016 IN WRIT PETITION NO.1975 OF 2004 Sampat Mahadu Surve Since deceased through LRs Smt. Anusayabai Sampat Surve and ors. : Petitioners. versus Nathu Barku Ghuge since deceased through LRs Vishnu Nathu Ghuge and ors : Respondents. WITH CIVIL APPLICATION NO.2112 OF 2016 IN WRIT PETITION NO.1975 OF 2004 Sampat Mahadu Surve Since deceased through LRs Smt. Anusayabai Sampat Surve and ors. : Petitioners. versus Nathu Barku Ghuge since deceased through LRs Vishnu Nathu Ghuge and ors : Respondents. WITH WRIT PETITION NO.1975 OF 2004 Sampat Mahadu Surve Since deceased through LRs Smt. Anusayabai Sampat Surve and ors. : Petitioners. versus Nathu Barku Ghuge since deceased through LRs Vishnu Nathu Ghuge and ors : Respondents. Mr. P N Joshi for the Applicants/Petitioners. Mr. V S Kapse for the Respondent Nos.1 and 2. Mr. S D Rayrikar for the Respondent Nos.4 and 5. CORAM : R. M. SAVANT, J. DATE : 06th December 2016 lgc 1 of 3 (902) caw-2111.16&2112.16 P.C. 1 At the hearing of the above Civil Applications, the learned counsel appearing for the Respondent Nos.1 and 2 Shri V S Kapse tenders an affidavit and also a additional affidavit of the Respondent No.2. To the affidavit is annexed the order dated 30/10/2012 passed by the Tehsildar allowing the application filed by the Respondent Nos.1 and 2 whereby 32M certificate granted in favour of the Petitioners has been set aside. To the additional affidavit is annexed the order dated 14/08/2013 passed by the Sub Divisional Officer confirming the order passed by the Tehsildar dated 30/10/2012. 2 Since the said orders have been passed pending the above Petition and since by the said orders the very basis on which the Petitioners have filed the application under Section 84 of the Bombay Tenancy and Agricultural Lands Act has been done away with, no useful purpose could be served if the Petitioners continue prosecuting the above Petition which has been filed challenging the order dated 30/10/2012 passed by the Tehsildar whereby the application under Section 84 of the said Act has been rejected. 3 The learned counsel appearing on behalf of the Petitioners Shri P N Joshi in the light of the two orders i.e. the order dated 30/10/2012 passed by the Tehsildar and 14/08/2013 passed by the Sub Divisional Officer, seeks leave to withdraw the above Writ Petition with liberty to file a fresh Writ lgc 2 of 3 (902) caw-2111.16&2112.16 Petition challenging the said two orders. The above Writ Petition is accordingly allowed to be withdrawn with liberty as prayed for. 4 In view of the withdrawal of the above Petition, it is not necessary to consider the above two Civil Applications and the same to accordingly stand disposed of as such. [R.M.SAVANT, J] lgc 3 of 3