1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 2313 OF 2010 Dadasaheb Waman Vishnu Shinkar .. PETITIONER VERSUS Dattatraya s/o Damodhar Shirude & others .. RESPONDENTS Mr. D.S. Bagul, Advocate for the petitioner. ===== CORAM : R. M. BORDE, J. DATE : 19th MARCH, 2010 PER COURT : 1 Heard Mr. Bagul, learned counsel for the petitioner. 2 Alternate remedy is provided for raising challenge to the impugned order in view of Order 43 Rule 1(r) of the Code of Civil Procedure. Appeal from order is maintainable for raising challenge to the order passed by the trial court. In this view of the matter, learned counsel for the petitioner seeks leave to withdraw the petition with liberty to avail of the alternate remedy. Leave granted. Petition stands rejected as withdrawn. 2 3 In view of dismissal of petition, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp2313.10.odt