:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.9152 OF 2003 PETITION NO.9152 OF 2003 PETITION NO.9152 OF 2003 Shankar Vinayak Dixit ..Petitioner V/s Moreshwar Vasudeo Kale & anr. ..Respondents Mr. M.D. Modgi i/b Mr. S.M. Oak for the petitioner Mr.Sandesh Deshpande for respondent No.1. CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 19TH MARCH, 2008 : 19TH MARCH, 2008 : 19TH MARCH, 2008 P.C. 1. This writ petition has been filed on 10th December, 2003. Vide order dated 16th December, 2003 in para 3 directions have been given as follows:- "The petitioner not to be evicted from the suit premises pending further orders." 2. The petitioner has not disclosed that he is no more in possession of the suit premises and that prior filing of the petition i.e. on 29th October, 2003 the respondent has taken over possession of the suit premises from the petitioner. 3. The petitioner is directed to file an :2: affidavit explaining the above. Let the affidavit be filed within three weeks. List the petition along with Civil Application No. 1399/2007 after three weeks if the affidavit is filed. If the affidavit is not filed within three weeks, writ petition to be dismissed without further reference to the Court. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.) :3: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 2696 OF 2006 APPLICATION NO. 2696 OF 2006 APPLICATION NO. 2696 OF 2006 IN IN IN WRIT WRIT WRIT PETITION NO.9152 OF 2003 PETITION NO.9152 OF 2003 PETITION NO.9152 OF 2003 Shankar Vinayak Dixit ..Applicant V/s Moreshwar Vasudeo Kale & anr. ..Respondents Mr. M.D. Modgi i/b Mr. S.M. Oak for the applicant Mr. Sandesh Deshpande for respondent No.1. CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 19TH MARCH, 2008 : 19TH MARCH, 2008 : 19TH MARCH, 2008 P.C. . The learned Counsel for the petitioner seeks to withdraw the civil application. Civil Application is allowed to be withdrawn and dismissed as such. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.) :4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1289 OF 2006 APPLICATION NO.1289 OF 2006 APPLICATION NO.1289 OF 2006 IN IN IN WRIT WRIT WRIT PETITION NO.9152 OF 2003 PETITION NO.9152 OF 2003 PETITION NO.9152 OF 2003 Shankar Vinayak Dixit ..Applicant V/s Moreshwar Vasudeo Kale & anr. ..Respondents Mr. M.D. Modgi i/b Mr. S.M. Oak for the applicant Mr. Sandesh Deshpande for respondent No.1. CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 19TH MARCH, 2008 : 19TH MARCH, 2008 : 19TH MARCH, 2008 P.C. 1. The learned Counsel for the petitioner makes a statement that he will remove the goods lying in the premises in question within three weeks. His statement is accepted. On his statement the learned Counsel for the respondent seeks to withdraw his civil application. If the petitioner does not remove the goods within three weeks the respondent would be entitled to dispose of the said goods two weeks thereafter. 2. Civil application is allowed to be withdrawn and disposed of as such :5: ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)