926 wp 8309 2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8309 OF 2024 Prakash Sampat Korke Versus Ashok Nandlal Modi and Others ... • Mr. S. S. Ghumare, Advocate for the Petitioner • Mr. V. M. Chate, AGP for Respondent No. 3 • Adv. Sanghmitra Wadmare, Advocate for Respondent Nos. 2 and 2-A to 2-D • Mr. A. R. Vaidya, Advocate for Respondent No. 1 ... CORAM : ROHIT W. JOSHI, J. DATE : JULY 08, 2025 O R D E R : 1. Learned counsel for the petitioner makes a motion for seeking permission to withdraw the petition with liberty to file fresh application seeking permission to lead additional evidence, supported by affidavit/affirmation and also to lead evidence with respect to foundational facts to make the secondary evidence admissible. 2. If such application is filed and evidence with respect to foundational facts making the secondary evidence admissible, is led by the petitioner, the Trial Court shall take into consideration the same on its own merits, in accordance with law and decide, as to whether the secondary evidence, which the petitioner intends to lead, is admissible or not. 3. With liberty as aforesaid, the petition is disposed of as withdrawn. All objections to admissibility of secondary evidence to be raised by the respondents are kept open. [ROHIT W. JOSHI, J.] komal kamble page 1 of 1 2025:BHC-AUG:17796