( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 6345 OF 2008 Mallikarjun Shamrao Killarkar PETITIONER VERSUS Smt. Vimalbai Baburao Killarikar and others. RESPONDENTS ..... Mr. P.R. Tandale, advocate for the petitioner. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 17th July, 2009] PER COURT : 1. Learned advocate Mr. Tandale seeks leave to withdraw this petition, with liberty to file second appeal as due to dismissal of application for condonation of delay, the appeal itself is deemed as dismissed against which further appeal may be carried. Allowed to withdraw the petition with liberty as prayed for and subject to proper explanation regarding the delay in filing of the second appeal. The writ petition is accordingly dismissed as withdrawn, with liberty as above. [ V.R. KINGAONKAR ] JUDGE NPJ/WP6345-08 ( 2 )