-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.3082 of 2007 1. Smt.Vatslabai Dattatray Jamdar and others ..Petitioners vs. 1. Bhausaheb Bhivba Nimbalkar and others ..Respondents Shri Prathamesh Bhargude with Shri Sugandh Deshmukh for petitioners. Shri M.T.Pise for respondents. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 12th February, 2008 12th February, 2008 12th February, 2008 P.C. P.C. P.C. 1. After the matter was argued for some time, the learned Advocate appearing for the petitioners prays for leave to withdraw the application filed before the Trial Court for joinder of third party as party defendant to the suit. This leave is sought because in the submission of the learned Advocate, the impugned order proceeds on the basis that the application was not accompanied by the agreement for sale or other relevant papers. On the other hand he submits that now the sale deed is executed. In such circumstances, leave to withdraw the application for joinder of third party is granted with liberty to file fresh application. -2- Needless to state that the application itself is being withdrawn the impugned order does not survive and is accordingly quashed and set aside. Writ petition is disposed of with liberty as above. All contentions are kept open. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)