1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2323 of 2009 In WRIT PETITION NO. 3361 of 2009 Kamalabai Dattatraya Kale ....Applicant v/s. Vijay Parshuram Shinde & anr. ....Respondents Mr. Prathamesh Bargude h/f. Mr. S.B.Deshmukh for the applicant. Mr. P.S.Dani for the respondents. CORAM:- A.M.KHANWILKAR, J DATED:- January 08, 2010. P.C. Counsel for the Applicant on instructions of the Applicant who is present in Court, submits that the Applicant will not press this Application provided the Court reiterates the position that the proposed action/proceedings to be resorted to by the Applicant shall be decided on its own merits in accordance with law. All questions which may arise for consideration in the said action/proceedings will have to be considered afresh, including about the dispute regarding area of the suit property. Counsel for the Respondent has no objection in that behalf. 2 2. Accordingly, Application is allowed to be withdrawn with liberty as prayed for. (A.M.KHANWILKAR, J)