1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2459 OF 2009 1) Ashok s/o Gangaram Shinde, 2) Balasaheb s/o Shankar Shinde, 3) Sopan s/o Karfbhari Shinde, 4) Lukhaji s/o Savleram Shinde, 5) Nivrutti s/o Rangnath Shinde, 6) Laxman s/o Chhabu Shinde, 7) Nandu s/o Ashok Shinde, 8) Narayan s/o Ambadas Shinde, 9) Ambadas s/o Chhabu Shinde, 10) Devidas s/o Lukhani Shinde, All R/o- Ukkadgaon, Tq-Kopargaon, Dist-Ahmednagar. ...PETITIONERS. VERSUS Ramesh s/o Vasant Shinde, R/o-Ukkadgaon, Tq-Kopargaon, Dist-Ahmednagar, Pretending as Trustee of Shri Renuka Devi Mandir, Ukkadgaon, Tq-Kopargaon, Dist-Ahmednagar. ...RESPONDENTS. 2 ... Mr.Milind Patil Advocate for Petitioners. Mr.Ajit Kadethankar Advocate for Respondent sole. ... CORAM: K.K. TATED, J. DATE : 14TH SEPTEMBER, 2009. PER COURT : 1. Heard learned counsel for the Petitioners and learned counsel for Respondent. Present Petition filed by original defendants under Articles 226 and 227 of the Constitution of India challenging the order dated 5th February, 2009 passed by Ad-hoc District Judge-1 Kopargaon, below Exhibit 32 in Regular Civil Appeal No.3 of 2008. 2. Learned counsel appearing on behalf of the Petitioners states that the Ad-hoc District Judge-1, Kopargaon made the following observations in the order dated 5th February, 2009 passed below Exhibit 32 in Regular Civil Appeal No.3 of 2008 as under: 3 " It is also mentioned in the application by Ramesh Shinde that Mr. D.V. Joshi has torn away some documents which were under his signature after the suit was decided." . Learned counsel for the Petitioner submitted that the above mentioned observations made by the learned Ad- hoc District Judge-1, Kopargaon in order dated 5th February, 2009 are unwarranted. He pointed out that the Respondent filed his affidavit dated 11th November, 2008, which is on page No.30, where the Respondent specifically stated that he himself destroyed those papers after the Regular Civil Suit No.21 of 1995 was finally disposed of. Apart from that the Respondent also filed his affidavit in reply dated 27th June, 2009 in present Petition, Para 15 of the same reads as under: "15) I do not have personal grudge as against the said Advocate Shri D.V. Joshi nor I ever alleged that any unethical practice of destroying any court record is done at the hands of the said advocate. But it is obviously surprising that even after such unpleasant controversy having raised and established against an advocate, 4 still the respectable officer of the court insist to continue involvement in the same litigation." 3. Considering the affidavit filed by Respondent - original plaintiff dated 11th November, 2008 and affidavit in reply filed in the present Writ Petition dated 27th July, 2009, the above mentioned observations (in Para 2) made by the Ad-hoc District Judge in his order dated 5th February, 2009 are expelled. Those observations are as under: " It is also mentioned in the application by Ramesh Shinde that Mr. D.V. Joshi has torn away some documents which were under his signature after the suit was decided." 4. Learned counsel appearing on behalf of the Petitioner, after taking instructions from Advocate Mr. V.D. Joshi, makes a statement that Advocate Mr. V.D. Joshi will not appear against the Respondent in any proceedings concerning the subject matter of the present case. Said statement is accepted. 5 5. Learned counsel for the Petitioner, on instructions from the Petitioner, states that he do not want to proceed with this Petition and therefore he seeks leave to withdraw the present Petition. Leave granted. Writ Petition is disposed of as withdrawn with the above observations. [K.K. TATED, J.] asb/SEPT09/wp2459.09