1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 1159 OF 2008 (Nandkishore Jaikishan Zanwar .v. Dr.Pushpa Rambilasji Malani and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri P.S. Patil, Advocate for the petitioner. Shri N.R. Saboo, Advocate for the respondent No.1. CORAM : A.P. LAVANDE, J. 23RD JUNE, 2008. Heard the learned Counsel appearing on behalf of the respective parties. The petitioner initially filed Second Appeal challenging the impugned judgment and order. By an order dated 7th March, 2008, this Court granted permission to the petitioner to convert Second Appeal into Writ Petition and accordingly this matter came to be registered as Writ Petition. It is noticed that although the conversion has been granted, the petitioner has not made necessary averments in the petition. In view of this position, Shri P.S. Patil, the learned Counsel for the petitioner seeks leave to withdraw the petition with liberty to file fresh petition taking appropriate pleadings and grounds. Shri N.R. Saboo, the learned Counsel for the 2 respondent No.1 has no objection subject to keeping all the contentions on behalf of the respondent No.1 open. Considering that the Second Appeal was converted into Writ Petition, I deem it appropriate to grant permission to the petitioner to withdraw this petition with liberty to file fresh writ petition challenging the impugned order. All the contentions of the respondent No.1 are kept open. Petition stands disposed of as withdrawn with liberty as prayed for. In view of the disposal of the writ petition, Civil Application Nos.615/2004 and 781/2004 have become infructuous and disposed of as such. JUDGE *rrg.