1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4783 OF 2009 Ashabai Nagnath Pawar .. Petitioner versus Shantabai Tukaram Tonge & Ors. .. Respondents Mr.S.S.Shah for the petitioner. Mr.G.M.Savagave for respondent Nos.1 to 4. CORAM : A.S.OKA, J. DATE : 6th January 2010. P.C: . The learned counsel appearing for the petitioner states that averments proposed to be added in the written statement by filing an application at Exhibit 58 are very vague. He states that the petitioner may be permitted to withdraw the said application with liberty to file a fresh application for seeking amendment of the written statement. The request is reasonable. Hence, the petition is disposed of by passing following order: : O R D E R : (a) As the petitioner desires to withdraw the application at Exhibit 58, the impugned order has become inoperative. (b) The application at Exhibit 58 is dismissed as withdrawn with liberty to file a fresh application. It is made clear that all contentions of the respondents are kept open and it will be open for them to oppose the said application on all permissible grounds. (c) There will be no orders as to costs. (A.S.OKA,J)