KBP 4996-06.sxw + 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4996 OF 2006 Ramchandra Tukaram Mirajkar ..Petitioner Vs. Kumar Ramchandra Gade and ors. ..Respondents ......... Mr.S.S.Kulkarni, for petitioner. Mr.K.A.Chothani, for respondent nos.1 and 2. ....... CORAM : A.S.OKA, J.. DATE : 18 th SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the petitioner and learned counsel for the respondent Nos.1 and 2. 2] Learned counsel for the petitioner seeks permission to withdraw the application at exhibit 26 as the said application is very vague is and devoid of particulars. The permission deserves to be granted. As the petitioner wants to withdraw the said application and file a fresh application, only on that ground, the impugned order deserves to be quashed. Hence, I pass the following order: (a) The impugned order dated 6 th February, 2006 is quashed and set aside. Application at exhibit 26 is permitted to be withdrawn with liberty to file a fresh application. It is made clear the impugned order is set set aside not on merits, but as the petitioner wants to file a fresh application. If such application is filed, the respondent will be entitled to oppose the same. KBP 4996-06.sxw + 1 2 (b) All contentions of the parties in that behalf are kept open. (c) Writ petition is disposed of in the above terms ( A.S.OKA, J. ) KBP 4996-06.sxw + 1 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2280 OF 2009 IN WRIT PETITION NO. 4996 OF 2006 Ramchandra Tukaram Mirajkar ..Applicant Vs. Kumar Ramchandra Gade and ors. ..Respondents ......... Mr.S.S.Kulkarni, for Applicant. Mr.K.A.Chothani, for respondent nos.1 and 2. ....... CORAM : A.S.OKA, J.. DATE : 18 th SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the parties. 2] In view of the averments made in the application, the same is allowed in terms of prayer clause “a”. ( A.S.OKA, J. )