1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4464 OF 2010 Mohan Hanumant Mate ...Petitioner Versus Ashok Pandharinath Mate ...Respondent Mr.S.S.Kulkarni for the Petitioner Mr.S.S.Kanetkar for the Respondent CORAM:- R.Y.GANOO, J. DATED:- 18th OCTOBER, 2011. P.C. 1. In terms of Order passed by the Supreme Court in the case of State of Rajasthan v.Khemraj reported in 2000 AIR SCW 1806 the learned Advocate for the petitioner applies for withdrawal of the application by which permission to lead secondary evidence was sought. He also seeks liberty to file fresh application. The petitioner’s request to withdraw the application below Exhibit 17 is granted. Consequently, order dated 26th April, 2010 passed by the learned 10th Joint Civil Judge, Senior Division, Pune is quashed and set aside. Petitioner is 2 permitted to file fresh application in terms of judgment mentioned aforesaid. If such an application is filed, same to be disposed of on merits. 2. In view of the aforesaid order, the interim order staying the execution of the proceeding is vacated. 3. In view of the aforesaid development, petition stands disposed of. Petitioner to pay to respondent cost of Rs.3000/- towards cost of this petition. Cost condition precedent for further proceeding in the matter. (R.Y.GANOO, J.)