1 1 1 IN THE HIGH COURT OF JUDIATURE AT BOMBAY IN THE HIGH COURT OF JUDIATURE AT BOMBAY IN THE HIGH COURT OF JUDIATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8401 OF 2004 WRIT PETITION NO.8401 OF 2004 WRIT PETITION NO.8401 OF 2004 Balasaheb Ramchandra Daundkar & Ors. .. Petitioners. Vs. Kalu Bhikaji Daundkar & Ors. .. Respondents. Mr.P.B.Shah for the petitioners. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 2ND NOVEMBER, 2004 DATED : 2ND NOVEMBER, 2004 DATED : 2ND NOVEMBER, 2004 P.C.: . Heard Mr.Shah, learned counsel for the petitioners. 2. Mr.Shah, learned counsel for the petitioners prays for withdrawal of this writ petition with liberty to the petitioners to file review application before the appellate court. The writ petition is allowed to be withdrawn. It is open for the petitioners to to apply for review of the order dated 29.6.2004. If such application is filed same may be considered in accordance with law. While granting liberty I shall not be understood to have examined the contentions urged by the petitioners. 2 2 2 3. The trial court is directed to proceed with the suit and need not wait till decision in the review application that may be filed by the petitioners. The petitioners are also directed to produce a copy of this order before the District Court within two weeks from today. The petition is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)