ao19.10.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Appeal Against Order No. 19 of 2010 ( Dnyaneshwar s/o Khushal Rajgure ..vs.. Smt. Panchfula Damodhar Waghmare and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. S.G. Lone, Advocate for the appellant, Mr. U.P. Deopujari, Advocate for the respondents 1 to 3. Coram: R. K. Deshpande, J. Date : April 12 th , 2010 1. This is an appeal challenging the order dated 19-12-2009 passed by the learned Civil Judge Senior Division, Amravati dismissing the matter for want of prosecution as none of the parties appeared. This is an order passed which is referable to the provisions of Order XI Rule 3 of the Civil Procedure Code. As a result the remedy of the plaintiff lies under Order IX Rule 4 of the Civil Procedure Code. However, the plaintiff had filed an application but the same was dismissed. Hence, this appeal has been preferred. 2. Order XLIII does not include the order passed under Order IX Rule 3 or 4 of the Civil Procedure Code. It ao19.10.odt 2 . merely refers provisions of Order XI Rule 9 and Order IX Rule 13 of the Civil Procedure Code. The order impugned in the instant appeal cannot be said to have been passed under Order IX Rule 9 or under Order IX Rule 13 of the Civil Procedure Code. In view of this the instant appeal is not maintainable. 3. Mr. Lone, the learned Advocate appearing for the appellant prays for permission to withdraw the instant Appeal Against Order with liberty to file such other proceedings as are permissible in law. 4. Hence the appeal is permitted to be withdrawn with liberty as sought for. JUDGE adgokar