1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5074 OF 2008 Bhagwat S/o.Venkatrao Birajdar, and another PETITIONER VERSUS Rajendra S/o.Pandurang Birajdar and others RESPONDENTS Mr.G.V.Patil with Mr.V.D.Salunkhe advocate for petitioner Mr.H.V.Patil, advocate for respondent no.1 Remaining respondents absent even though duly served. (CORAM : A.V.POTDAR, J.) DATE : 10/06/2009 PER COURT : 1. On instructions, learned advocate for petitioners seeks leave to withdraw the present petition with leave to move the Trial Court with proper fresh application under Order 12 Rule 2 of CPC. Leave granted to move the Lower Court with fresh application under Order 12 Rule 2 of CFPC. With this, the present writ petition stands disposed of as withdrawn with no order as to costs. (A.V.POTDAR, J.) khs/wp5074-08 2