1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5080 OF 2008 Pragnya Mahendra Karia. ..Petitioner. V/s. Mr.Kirit Morarji Kariya. ..Respondent. Mr.Shivraj Patil i/b. Shri P.P.Jadhav for Petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 28, 2008. DATE : AUGUST 28, 2008. DATE : AUGUST 28, 2008. P.C. : P.C. : P.C. : 1. This matter has been notified under caption "kept back cases" in view of the Order dated 4th August, 2008. When the matter is called out, none appears. Dismissed for non-prosecution. 2. Later on Mr.Patil, advocate for the Petitioners appeared and mentioned the matter for restoration of the Petition pointing out that at the relevant time he was held up in some other court. For the reasons mentioned across the bar, request for recalling the order dismissing the Petition passed in morning session is accepted. Accordingly, Petition is restored to the file to its original number and heard immediately. 2 3. Counsel for the Petitioners submits that Petitioners be permitted to withdraw this Petition with liberty to canvass issues raised in the present Petition in the substantive appeal to be filed by the Petitioners against the final order to be passed by the trial Court, if situation so warrants. 4. Accordingly, Petition is allowed to be withdrawn keeping all questions raised in this Petition open to be decided at the appropriate state in the appeal to be filed by the Petitioners against final decision of the trial Court. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)