It is to be noted that these proceedings were initially filed as Civil Revision Application under Section 25 of the Provincial Small Causes Courts Act, 1887, read with Section 115 of Civil Procedure Code. When the matter was called out on 29.08.2008, this Court has in view of the judgment in the case of Dilip Bidesh vs. Shiv Gopal, reported at 2005 (4) Mh. L.J. 967, found that said revision was not maintainable. The revision applicant then sought permission to convert revision into a writ petition and that permission was accordingly granted by reasoned order, after noticing the fact that revision was filed way back in 1995 and the matter was going on before various Courts since 1986.

2. After conversion of revision into present writ petition, the matter has been again listed for final hearing. Shri Panpalia, Advocate, who had filed Vakalatnama for the respondent, has stated that on 24.01.2002 itself, he filed pursis vide Stamp No. 679 of 2002, seeking leave to withdraw Vakalatnama in view of the letter of client dated 15.1.2002 annexed with that pursis. The perusal of xerox copy of that letter on record shows that the respondent instructed Shri Panpalia, Advocate to hand o