1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5613 OF 2008 Vasantrai Narottamdas Jangla PETITIONER VERSUS Mohanlal Arathmal Kukreja RESPONDENTS ....... Mr.M.D.Joshi, Advocate for the petitioner Mr.V.S.Bedre, Advocate for the respondent ....... [CORAM : A.V.POTDAR, J.] DATE : 3rd July 2009 PER COURT: 1. On 11.06.2009, it was informed that special civil suit No.91/1993 is disposed of by learned Civil Judge Senior Division, Shrirampur and appeal is preferred against the judgment and decree passed in the same. The present writ petition arises out of the order passed during the pendency of the said suit. Now, as the suit is disposed of, this petition does not survive. As such the writ petition has become infructuous. On last occasion, it was requested by learned counsel for petitioner that he may be allowed to agitate the point in the appeal which he has agitated during the pendency of the suit. It is made clear that when the appeal is 2 preferred and the notices are issued, it is always open to agitate all the legal issues before the competent civil court for which no separate permission is needed. With this clarification, writ petition stands disposed of as infructuous. [A.V.POTDAR, J.] drp/wp5613-08