1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5197 of 2005 ( Shamlal Kanhiyalal Dharamshala, Akola .vs. Suresh s/o. Walji Kanot and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr.C.A.Joshi, Adv. for petitioner. Mr.A.S.Mardikar, Adv. for respondent no.1. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 09, 2010. The matter is part-heard. Today, Mr.A.S.Mardikar, Adv., upon instructions, states that the application as filed before the trial Court under Order I, Rule 10 of the Code of Civil Procedure should be allowed to be withdrawn and respondent no.1 should be given liberty to file fresh application in accordance with law. The request is being opposed by Mr.Joshi, Adv. for the petitioner. Considering the nature of controversy, I am inclined to permit respondent no.1 to withdraw that application and also grant him liberty to file the application afresh in accordance with law. In view of this liberty, it is apparent that the impugned order passed below Exh.19 on 16.8.2005 by 2nd Joint Civil Judge (Jr.Dn.), Akola does not survive. It is made clear that fresh application, if any filed by respondent no.1 shall be decided by the trial Court on its own merits and without being uninfluenced by any observations made in the order below Exh.19 or by this Order in the present petition. The Writ Petition is accordingly disposed of as 'infructuous'. Rule is discharged. No order as to costs. JUDGE jais