1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 4850 OF 2007 (Urmiladevi Ghanshyam Sagare .v. Sureshkumar Shivlalji Suchak and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri K.R. Lambat, Advocate for the petitioner. Shri G.G. Modak, Advocate for the respondents. CORAM : A.P. LAVANDE, J. 25TH JUNE, 2008. Heard the learned Counsel appearing on behalf of the respective parties. By this petition, the petitioner has challenged the order dated 20.06.2007 passed by the Joint Civil Judge, Junior Division, Sindewahi in Regular Civil Suit No.46/2004 by which an application seeking examination of witness on behalf of the plaintiff was rejected. Shri G.G. Modak, the learned Counsel for the respondents pointed out that the defence evidence has already started and as such at this stage the question of permitting the plaintiff to examine any witness does not arise. Shri K.R. Lambat, the learned Counsel for the petitioner does not dispute that the defence evidence in the suit has already started. He, therefore, seeks leave to 2 withdraw the petition with liberty to challenge the impugned order in the appeal in the event decree is passed against the petitioner. Shri G.G. Modak, the learned Counsel for the respondents has no objection for withdrawal of petition. In view of the above, the petition is allowed to be withdrawn with liberty to the petitioner to challenge the impugned order in the appeal that may be preferred by the petitioner in the event decree is passed against the petitioner. JUDGE *rrg.