: 1 : 27778-11-wpst=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 27778 OF 2011 Jagdishkumar V. Agarwal & Anr. .. Petitioners v/s. Surendra Chauhan & Anr. .. Respondents ........ Mr. H.S.S. Murthy i/b Ashutosh A. Singh for the petitioners Mr. A.B. Ketkar i/b K.P. Tiwari & Co. for respondent no.1 ......... CORAM : R.Y.GANOO, J DATE : 19th OCTOBER,2011. Not on Board. Upon production taken on Board. P.C. : 1. The contesting respondent no.1 is present through advocate Mr. Ketkar. By consent, petition is taken up for admission. 2. After certain arguments, learned advocate for the petitioners applies for withdrawal of this petition and he sought liberty to make use of provisions of Section 105 of Civil Procedure Code to raise the points, : 2 : 27778-11-wpst=.sxw which are raised in this petition if there is an occasion for the petitioners to institute an appeal against the decree, which would be passed by the learned Judge of the City Civil Court while deciding Suit No.5138 of 2003. 3. Petition is allowed to be withdrawn. Liberty as prayed for is granted. This Court has not expressed any view on the merits of the matter. There shall be no order as to cost. (R.Y.GANOO, J.)