1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 474/2008 (Deogir Raghogir Giri (Gosavi) VERSUS Anant Ghanshyam Shandilya) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.P. Tathod, counsel for the petitioner. Shri S.R. Deshpande, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : DECEMBER 15, 2008. Shri Deshpande, the learned counsel for the sole respondent, states that this writ petition is not tenable against an order passed by the first appellate Court rejecting an application for condonation of delay in filing an appeal and it was necessary for the petitioner to file a second appeal against the impugned order. Shri Tathod, the learned counsel for the petitioner, has verified the aforesaid position and since a second appeal is tenable against the impugned order, he seeks permission to withdraw this writ petition with liberty to file a second appeal. The learned counsel for the petitioner states that the 2 petitioner is in possession of the suit property since long and the possession of the petitioner is protected by this Court in terms of the interim relief granted by this Court on 05.02.2008. He, therefore, prays that the interim relief granted by this Court on 05.02.2008 may be continued for a reasonable period. In the above circumstances, the petitioner is permitted to withdraw the writ petition with liberty to file a second appeal against the impugned order. The interim relief granted by this Court on 05.02.2008 to continue for a period of four weeks from today. The writ petition is disposed of as withdrawn with no order as to costs. JUDGE APTE