1 caw2648-11 in wp10455-09-9.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2648 OF 2011 IN WRIT PETITION NO.10455 OF 2009 Shri Balaso Vyankatrao Jagdale and Ors. .. Applicants Versus Shri Ramrao Yaswantrao Jagdale and Ors. ..Respondents Shri Haribhau Deshinge h/f Vijay Killedar, for Applicants. None for respondents. CORAM : R. M. SAVANT, J. DATED : 14th August, 2012 P.C. : Learned counsel for the petitioner seeks withdrawal of the above civil application in view of the supervening event of the appeal being decided by the lower Appellate Court. The above writ petition has been filed challenging the order passed on the application filed by petitioners for leading additional evidence by having recourse of Order 41 Rule 27. The above petition has been dismissed for default on account of non­ appearance of the advocate for the petitioners on 2nd July, 2010. The p.m.wargaonkar 1 of 2 2 caw2648-11 in wp10455-09-9.sxw above civil application has been filed for restoration of the above petition. As indicated above, learned counsel for the petitioner does not press the above civil application, in view of the said supervening event. The civil application is accordingly dismissed as withdrawn. It would be open for the petitioner to challenge the decree that is passed by the lower Appellate Court by filing appropriate proceedings. ( R. M. SAVANT, J. ) p.m.wargaonkar 2 of 2