1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1164 OF 2008 Vilas Yashwant Yadav & Anr. .. Petitioners Versus Santosh Ramchandra Shinde .. Respondent Mr.N.V.Bandivadekar for petitioners Mr.Rahul Kate for respondent. CORAM : S.C.DHARMADHIKARI, J. DATE : 5th March 2008 P.C. . Mr.Kate, learned Advocate appearing for respondent sought time on the earlier occasion to take instructions as to whether respondent desires to pray for substantive relief on the 2 basis of the agreement dated 27th May 1997. Mr.Kate states that he has instructions from the respondents to make a statement before this Court that the respondent is desirous of applying for substantive relief on the basis of this agreement either by amending plaint, if permissible, or by instituting a substantive suit. In the light of this statement made by Mr.Kate on instructions, the order under challenge is quashed and set aside with liberty to respondents to apply for appropriate relief, interim as well as final and all pleas in that behalf are kept open. Needless to state that all applications at an interim stage shall also be considered without being influenced by the observations in the impugned order. In the light of this statement, nothing survives in the petition and accordingly the same is disposed of. 3 (S.C.Dharmadhikari, J)