KBP 5839-09.sxw : 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5839 OF 2009 Smt.Sonabai Harilal Patil and anr. .. Petitioners V/s. Harishchandra Sahdev Mhatre and ors. .. Respondents ..... Mr.N.V.Bandiwadekar, , for petitioner ..... CORAM : A.S.OKA, J.. DATE : 5 th August, 2009. P.C. : 1] In view of sub-section 2 of the Section 2 of the Code of Civil Procedure, 1908 an order rejecting the plaint is a decree. Hence, the learned counsel appearing for the petitioners seeks permission to withdraw this writ petition with liberty to file an appeal. 2] Accordingly, writ petition is dismissed as withdrawn with liberty as prayed. All contentions are kept open. The concerned appellate court is bound to note that this writ petition was filed on 6 th July, 2009 and the same remained pending in this court till today. ( A.S.OKA, J. )