bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 4040 OF 2008 PETITION NO. 4040 OF 2008 PETITION NO. 4040 OF 2008 Sunil Gajanan Kulkarni ... Petitioner v/s Madhyamvargiya Sarvodaya Sahakari Gruh Rachana Sanstha Mydt. & ors. ... Respondents Mr..G.S.Godbole i/by Mr.N.V.Gangal for the petitioner. Mr.S.U.Kamdar with N.N.Bhadrashetak for the Resp.No.2. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 23RD OCTOBER, 2008 23RD OCTOBER, 2008 23RD OCTOBER, 2008 P.C. P.C. P.C.: 1. The petitioner had filed an application for deleting his name from Dispute No.79 of 1995. This application was dismissed. The revision application filed by him was also dismissed and hence this petition. 2. Mr.Godbole, on instructions from the petitioner, who is present in Court, states that the petitioner will withdraw the application at Exh.45 in Dispute No.79 of 1995. He, however, states that liberty be given to the petitioner to raise the contention that there is no cause of action against the petitioner in the dispute. 2 3. This submission of Mr.Godbole can be accepted. 4. Hence, the application Exh.45 filed in Dispute No.79 of 1995 stands withdrawn with liberty to the petitioner to contend that there is no cause of action against him in the Dispute No.79 of 1995. 5. As a consequence, the orders passed dismissing the application by the trial Court as well as the revision application dismissed by the appellate Court have no effect in law. 6. Writ petition disposed of accordingly.