1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTON WRIT PETITION NO.6602 OF 2010 Jahir Ahmed Gulam Ahmed Maulavi .. Petitioner V/s Shree Thakurmal Chenmal & Sons .. Respondents Mr.R.S.Datar for the Petitioner. CORAM: R.G.KETKAR, J. DATE: 24th September, 2010. P.C. 1. Heard Mr.Rejesh Datar, learned counsel for the petitioner. This petition is directed against the judgment and order dated 3rd July, 2010 passed by the learned Joint Civil Judge, Junior Division, Kalyan, below Exh.13 in R.C.Suit No.35 of 2010. By that order, the learned trial Judge rejected application made by the petitioner at Exh.13 for appointment of the Court Commissioner to bring exact situation of the suit premises on record. 2. Mr.Datar on instructions from his client who is present in Court seeks permission to withdraw the application dated 31st March, 2010 at Exh.13 with liberty to take out appropriate application in the trial Court. 3. On the motion made by learned counsel for the petitioner, he is permitted to withdraw application at Exh.13 with liberty to take out fresh application. If such an application is made, learned trial Judge shall decide the same, on its own merits and in accordance with law. 4. Petition is disposed of in the aforesaid terms, with no order as to costs. (R.G.Ketkar, J.)