1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 930/2011 (Kalidas Undru Mohurle VERSUS Devidas Undru Mohurle & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Rohit Joshi, counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : MARCH 24 , 2011 . On perusal of the record, it appears that petitioner-Kalidas Mohurle has sued the defendant through his next friend Bandu Mohurle, his real brother. However, it appears from the facts of the case that petitioner-Kalidas, who is alleged to be of unsound mind, is residing with respondent no.1-Devidas/defendant no.1 and in such circumstances, it is not possible to get Kalidas Mohurle examined from a Medical Expert to certify whether he is of unsound mind or not. It is in these circumstances, the application was filed by the petitioner before the trial Court. However, it appears that the application was wrongly filed under the provisions of Order 26 Rule 10-A read with Section 151 of the Code of Civil Procedure, which relates to the appointment of a Court Commissioner. The learned counsel for the petitioner states that though the application is rightly filed for getting the petitioner examined from a Medical Expert, it is wrongly filed under the provisions of Order 26 Rule 10-A of the Code of Civil Procedure, which relates to the appointment of a Court Commissioner. 2 The learned counsel for the petitioner, therefore, seeks permission to withdraw this writ petition with liberty to file an appropriate application before the trial Court. Permission and liberty, both, are granted as prayed for. The writ petition is disposed of as withdrawn. No order as to costs. JUDGE APTE