1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 6010/2010 (Vijay Nova Dongre VERSUS Ashfaq Ahmad Khan Ibrahim Khan & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.J. Khan, counsel for the petitioner. Shri J.J. Chandurkar, counsel for the R-1. CORAM : SMT. VASANTI A. NAIK, J. DATE : JANUARY 21 , 2011 . C.A.W. NO. 3220/2010. Heard. The learned counsel for the respondent no.1 opposed the prayer made in the civil application. Even otherwise, the prayer made in the civil application cannot be granted and the filing of the affidavit of the petitioner cannot be dispensed with as filing of an affidavit of the petitioner is necessary under Chapter III of the Bombay High Court Appellate Side Rules, 1963. The civil application is rejected. Since Civil Application (W) No.3220/2010 filed by the counsel for the petitioner for dispensing with the filing of the affidavit by the petitioner is rejected the learned counsel for the petitioner seeks permission to withdraw this petition with liberty to file an appropriate petition. Permission and liberty, both, are granted as prayed for. Since an ad-interim order protecting the possession of the petitioner was passed in the matter, the possession of the petitioner is protected only for a period of one week. 2 The writ petition is disposed of as withdrawn with costs of Rupees Five Hundred. JUDGE APTE