1 lpa 75.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 75 OF 2011 IN WRIT PETITION NO. 5438 OF 2010 Ganpat S/o Baburao Chewale and others .. Appellant Versus The State of Maharashtra and others .. Respondents Shri Sachin Deshmukh, Advocate for Appellants. Shri K. B. Choudhari, A.G.P. for the Respondent/State. CORAM : SMT. NISHITA MHATRE & S. S. SHINDE, JJ. DATE : 14TH MARCH, 2011. PER COURT : . The learned advocate appearing for appellants after arguing this appeal for some time seeks liberty to withdraw the appeal. However, he submits that the permission granted by the learned Single Judge to the respondents to file a fresh application should not be construed by the authorities U/Sec. 5 that the application should be granted. 2 lpa 75.11 2. This apprehension of the learned advocate for appellants is misconceived. In fact, the learned Single Judge has directed that filing of the application shall not in any way prejudice any of the rights or contentions available to the petitioner in the matter. 3. Therefore obviously, the authority U/Sec. 5 of the Mamlatdars' Courts Act 1906 will not bound to allow the application. The letters patent appeal dismissed as withdrawn. [ S. S. SHINDE, J. ] [ SMT. NISHITA MHATRE, J.] bsb/March 11