-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No,1797 of 2008 1. Sou.Rajeshwari Pandurang Nagarkar ..Petitioner vs. 1. Shri Lalxman Gopal Kanhere and another ..Respondents Shri R.M.Pethe for petitioner. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 18th March, 2008 18th March, 2008 18th March, 2008 P.C. P.C. P.C. 1. The apprehension of Shri Pethe that rejection of the application by the lower Appellate Court would mean that the written say to the application (Exh.5) in the Trial Court although allowed to be adopted as written statement would be kept out of consideration only because the same has not been allegedly affirmed, is without any basis. The suit is dismissed on merits. The plaintiff is in appeal against dismissal of the suit. The application made by the petitioner/defendant who is the respondent to the appeal. Mmerely because some grounds are raised in the memo of appeal with regard to acceptance of the written say as written statement does not mean that the lower Appellate Court will reverse the judgment of the -2- Trial Court only on this ground. The suit has been dismissed on merits and the merits of rival contentions, therefore, be decided by the lower Appellate Court uninfluenced by any observations in this order. Petition is dismissed. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)