1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6638 OF 2008 Shri Balkrishna Narayan Thatte. ..Petitioner. V/s. Shri Narayan Ganesh Thatte & Ors. ..Respondents. Mr.S.M.Gorwadkar with L.V.Boomer i/b. M/s. Shaunak Satpute & Co. for Petitioner. Mr.G.S.Godbole, for respondent Nos. 1 to 5. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 14, 2009. DATE : JANUARY 14, 2009. DATE : JANUARY 14, 2009. P.C. : P.C. : P.C. : 1. In deference to the observations made by the Appellate Court in the impugned Judgment, Counsel for the Petitioner submits that the Petitioner would opt for amending plaint and thereafter, make fresh application for interim relief, which can be decided on its own merits. Counsel for the Respondents has no objection in this behalf, provided the subsequent application is proceeded on its own merit in accordance with law. 2. At the request of Mr.Godbole, Counsel for the Respondents is placed on record that the proposed interim application will be proceeded on merit only 2 after the relief of amendment of plaint pressed into service by the Plaintiff is to be accepted. 3. Petition allowed to be withdrawn with liberty, as prayed. All questions are left open. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)