W.P. No.5190 OF 2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5190 OF 2010 Sunil Shashimohan Khot ... Petitioner V/s. Kalik Prasadik Shikshan Prasarak Mandal & Ors. ... Respondents Mr.N.V. Bandiwadekar for Petitioner MR.A.M. Adgule for Resp. No.1 Mr.P.I. Khemani, AGP, for Resp. No.2 & 3 Mr.A.S. Khandeparkar for Respondent No.4 CORAM: SMT.NISHITA MHATRE, J. DATED: JULY 30, 2010 P.C.: 1. Mr.Khandeparkar, appearing for Respondent No.4, i.e. the appellant in Appeal No.49 of 2008, seeks leave to withdraw the appeal after being faced with the judgments holding the field which say that an order of supersession cannot be challenged unless the same is by way of promotion. 2. Accordingly, the appellant is allowed to withdraw the appeal which was filed before the School Tribunal. 3. In view of the Appeal being withdrawn, the writ petition does not survive and the petition is dismissed as such.