1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4990 OF 2008 Sou Vimal M. Pawar & ors .. Petitioners versus Arjun T. Mane & ors. .. Respondents ... Mr.C.G. Patil i/b Anilkumar Patil for the petitioners CORAM : A.M.KHANWILKAR, J DATED : 14th July 2008 P.C.: 1. I see no reason to depart from the conclusion of the lower court rejecting the application for amendment preferred by the petitioner. If the amendment was to be granted, petitioner would ask for further relief for possession. No reason whatsoever has been placed on record as to what prevented the petitioner to ask for that relief when the suit was instituted, nor there is anything on record to suggest that leave under 2 Order 2 Rule 2 of the Code of Civil Procedure was obtained by the petitioner. Taking an overall view of the matter, no interference with the decision of the lower court in exercise of writ jurisdiction is warranted. 2. At this stage, counsel for the petitioner seeks liberty to withdraw the application filed by the petitioner (Exhibit-23) and instead prefer another application for appropriate relief. In the circumstances, petitioner is allowed to withdraw the petition. However this indulgence is not an expression of opinion either way that the petitioner is entitled to ask for any other relief. If proposed application is filed the same will have to be considered on its own merits in accordance with law. (A.M.KHANWILKAR, J)