1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 900 OF 2008 IN SECOND APPEAL NO.1264 OF 2005 Sayappa Hira Sartape (Mahar) and Anr. ..Applicants versus Baji Maruti Shingade ..Respondent Mr.R.M.Pethi for the applicant Mr.R.V.Bansode for the respondent CORAM : R.Y.GANOO, J. DATE : 2nd JULY, 2009. P.C: 1. When Civil Application was called out, learned Advocate for the applicant submitted that he wanted to amend the application as according to him amendment is necessary in order to place before the court appropriate facts. In my view, instead of granting leave to amend, it would be proper to allow the present applicants to withdraw the present application and file a proper 2 application with appropriate averments and annexures if required. 2. Hence application is allowed to be withdrawn with liberty to file fresh application with appropriate averments and the same reliefs as sought in the present application. There shall be no order as to costs. No views are expressed on the merits of the case. (R.Y.Ganoo, J.)