1 WP 4129/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4129 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. S.S. Patwardhan for the petitioners. Mr. Prashant S. Bhavake for the respondent. CORAM : D.G. KARNIK, J. DATE : 19TH NOVEMBER 2010 P.C. : 1. In view of the fact that the issue regarding maintainability of the suit is different than the issue regarding jurisdiction of the court to try the suit, learned counsel for the petitioners seeks leave to withdraw the writ petition with liberty to make appropriate application under Order 14 of the Code of Civil Procedure for framing an issue regarding maintainability of the suit. 2 WP 4129/10 2. Leave granted. If such an application is made, it would be considered by the court on its own merits. With this observation, the writ petition is allowed to be withdrawn with liberty as above. (D.G. KARNIK, J.)