1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.640 OF 2008 IN SECOND APPEAL NO.433 OF 2004 Jagannath Baburao Jagtap ..Applicant versus Rajendra Baburao Wable ..Respondent Mr.P.B.Kakade for the applicant Mr. A.P.Kulkarni for the respondent CORAM : R.Y.GANOO, J. DATE : 2nd JULY, 2009. P.C: 1. This application is filed for setting aside Order dated 14.6.2006. The application is filed in January 2007. There is no explanation put up in the application for condonation of delay. This was pointed out to the learned advocate for the applicant, who stated that he may be permitted to withdraw this application with liberty to file appropriate application. 2 2. Learned Advocate Mr. Kulkarni opposed the same on the ground that the application should have been drafted in proper manner. 3. In the peculiar facts and circumstances, the application is allowed to be withdrawn with liberty to file fresh application with appropriate prayers. 4. Applicant to pay to respondent token cost of Rs. 250/- (Rupees Two Hundred Fifty Only) (R.Y.Ganoo, J.) 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.639 OF 2008 IN SECOND APPEAL NO.433 OF 2004 Jagannath Baburao Jagtap ..Applicant versus Rajendra Baburao Wable ..Respondent Mr.P.B.Kakade for the applicant Mr. A.P.Kulkarni for the respondent CORAM : R.Y.GANOO, J. DATE : 2nd JULY, 2009. P.C: 1. This application is filed for reliefs which prayers are already asked in Application No.640 of 2008. The second application for similar reliefs is not maintainable and hence dismissed with no order as to costs. (R.Y.Ganoo, J.) 4