jpc wp7655-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7655 OF 2011 Dnyaneshwar T. Mohol ... Petitioner Versus Sadashiv Narhar Modak and another ... Respondents Shri R. S. Apte, Senior Counsel a/w Mr. A. A. Garge for the petitioner Mr. R. R. Galange for Respondent Nos. 1 to 2 CORAM: R. M. SAVANT, J. DATED : 11th November, 2011 P.C. : 1. At the outset, learned senior counsel Mr. Apte tenders affidavit of the petitioner dated 11th November, 2011. In the context of the present petition, paragraph 3 of the said affidavit is material, which reads hereunder: "3. I say that in view of filing of the application for appointment of Court Receiver, I don't want to proceed with the above mentioned Writ Petition and therefore I want to withdraw the same." 2. In view of what is stated in Paragraph 3 of the affidavit, the petitioner is allowed to withdraw the petition. However, the withdrawal would not be on the condition as stated in para 3. The application for appointment of the Court Receiver would be decided by the concerned Court on its own merits and in accordance with law. (R. M. SAVANT, J.)