1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.3816 OF 2009 Popat @ Babasaheb Shamrao Kadam ...Petitioner vs. Bhaskar Shamrao Kadam ...Respondent Mr.S.M.Sabrad for the petitioner Mr.Kranti P.Bhosale for the respondent CORAM :A.S.OKA,J. DATE : JANUARY 12, 2010 P.C. 1 The learned counsel for the petitioner seeks permission to withdraw the application at Exh.20 with liberty to file a fresh application seeking the same amendment in as much as there is no explanation in the said application for the delay in terms of proviso to Rule 17 of Order VI of the Code of Civil Procedure,1908. I have heard the learned counsel for the respondent who has opposed the said request. 2 Considering the nature of the amendment, the said request deserves to be granted. 3 Hence, I pass the following order : i) Application at Exh.20 is dismissed as withdrawn with liberty as prayed. ii)In view of withdrawal of the said application, the impugned order has become in-operative. iii)All contentions of the parties on the merits of 2 the fresh application which may be filed by the petitioner are expressly kept open. iv)It is obvious that if fresh application is made, the same will be considered on its own merits. v) Writ Petition is accordingly disposed of. JUDGE