(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 7348 OF 2009 Ananta s/o. Dagdu Garde, Age : 49 years, Occupation : Business, R/o. Mahavir Milk Dairy, .. Petitioner Chitale Road, Ahmednagar, (Original Taluka & District : Ahmednagar. defendant) versus Balbir s/o. Govindram Madan, Deceased through his L.R. : Kailash s/o. Balbir Madan, Age : Major, Occupation : Business, R/o. 431, Satbhai Galli, .. Respondent Ahmednagar, (Original Taluka & District : Ahmednagar. plaintiff) .......................... Mr. A.G. Kanade, Advocate, for the petitioner. .......................... (2) CORAM : B.R. GAVAI, J. DATE : 11TH NOVEMBER 2009. COURT'S ORDER : 1. The learned Counsel appearing for the petitioner seeks liberty to withdraw the present petition with further liberty to file an application for permission to file written statement, after the period prescribed under Order VIII Rule 1 of the Code of Civil Procedure, 1908. 2. Hence, the petition is disposed of as withdrawn with liberty as prayed for. However, it is made clear that if such an application filed by the petitioner, the same shall be considered by the trial court, in accordance with law. ( B.R. GAVAI ) JUDGE ......................... bgp/wp7348