Advocates:
['M/S KIRAN JAIN AND CO', 'CAVEAT', 'VP FILED', '', 'SHRI ANILKUMAR PATIL', 'GOVERNMENT PLEADER']

IN

IN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE

APPELLATE

APPELLATE SIDE.

SIDE.

SIDE.

WRIT PETITION NO. 5726 OF 2006

Naresh P. Panchmatia & ors.

... Petitioners.

V/s.

State of Maharashtra & anr.

... Respondents.

Shri Kiran Jain for the petitioners.

Shri Anikkumar Patil for the respondents.

CORAM

CORAM

CORAM : V.C.DAGA, J.

: V.C.DAGA, J.

: V.C.DAGA, J.

DATED

DATED

DATED : 29.8.2006.

: 29.8.2006.

: 29.8.2006.

P.C.

P.C.

P.C. : : :

----

----

----

.

During the course of hearing, learned

Counsel

for

the

petitioners

prayed

for

permission

to

withdraw

application

seeking

appointment

of

the

Commissioner to inspect the suit site. Prayer made

is granted.

2.

In view of the withdrawal of the said

application, the impugned order shall not survive.

The petition is, thus, dismissed as infructuous.

3.

It is, however, made clear that it would be

open

for

the

applicants-

petitioners

to

produce

sufficient

material

before

the

appellate

authority

to demonstrate that the petition