IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.3845 OF 2009 Chandraprakash B. Kumawat and anr. ..Petitioners and Trimurthy Co-operative Credit Society Ltd. And ors. ..Respondents Mr.M.C.Shah with Mr. Ajay K. Rao, Advocate for petitioners. Mr.N.B.Shah i/b. Mr.Piyush Shah, Advocate for respondent no.1. Mr.P.G.Lad, Advocate for Respondent No.6. CORAM : S.C.DHARMADHIKARI, J. DATE : 22nd April, 2009. P.C. 1 An application under Order XXI Rule 58 was made to the trial Court. Needless to state that any order made thereon has the same force and is subject to the same conditions as to Appeal, as if it were a decree. Further, if claim or objection is not entertained on any of the grounds set out in the proviso to order Order 21 Rule 58 sub-Rule 1, then the person against whom such order is made, can file a suit as well. When attention of Mr.Shah was invited to these provisions, he seeks leave to withdraw the writ petition with liberty to file appropriate proceedings. Writ petition is dismissed as withdrawn with liberty as prayed for. No costs.. 2 Needless to state that it will be open for the petitioner to point out in such proceedings that the delay, if any, has occurred on account of prosecution of this writ petition. If property is yet not sold all preparatory steps shall go on, but the sale should not be confirmed for four weeks from today. [S.C.DHARMADHIKARI, J] *3845-09