( 1 ) FARAD CONTINUATION SHEET NO. IN THE COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. WRIT PETN. NO.2891/2008 Ramnarayan Thakur -vs- Sau.Suman Ambulkar & Others. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.Deshpande, Adv. for petitioner. Mr. Kidlay, Adv. for respondent No.1. CORAM : A. B. CHAUDHARI, J. DATE : 16/09/2008 Learned counsel for the petitioner submits that in the earlier proceedings Civil Suit No.373/1998, it was decided that respondent was the tenant of only one room and now in the present suit claims to be the tenant of three rooms and this earlier judgment operates at res judicata, for which Mr.Deshpande, learned counsel had advised the petitioner to set up the said plea by amendment application in order that issue to that effect is framed. In view of this submission, Mr.Deshpande, learned counsel prays for withdrawal of application Exhibit-14 that was made in the trial Court in RCS No.266/2007 and the order passed thereon, which is impugned in the present writ petition. Per contra learned counsel for the respondent opposed the prayer made in the writ petition. ( 2 ) Having heard the learned counsel for the rival parties, I find that the issue regarding res judicata may arise if such a plea is set up in the written statement. In that event impugned order may come in the way of petitioner, when he would make a prayer for framing an issue to that effect. Hence, if the application Exhibit- 14 is allowed to be withdrawn, the respondent will be put to no prejudice, since the respondents will have liberty to oppose such application. Hence, I make the following order. Application Exhibit-14 in RCS No.266/2007 made by the petitioner is allowed to be withdrawn with liberty to file fresh application. Consequently, impugned order below Exhibit-14 is also set aside. Petition is thus disposed of with no order as to costs. JUDGE gsk