1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6155 OF 2009 M/s.Prachi Developers .. Petitioners Versus Sharad Vasant Sawant & Ors. .. Respondents Mr.Bhushan A. Walimbe for the petitioners. Mr.A.B.Shinde for respondent nos.1 to 3. CORAM : A.S.OKA, J. DATE : 20 th July 2009. P.C.: . Heard learned counsel for the petitioner and the learned counsel for the respondent nos.1 and 2 who are the original plaintiffs. The learned counsel appearing for the petitioner invited my attention to the last portion of the order dated 30th June 2009 which is impugned in this Writ Petition. His submission is that once plaint is rejected, the same does not amount to withdrawal of the suit. He submitted that if the trial Court intended to reject the plaint, the same should have been rejected without observing that rejection of the plaint amounts to withdrawal of 2 the suit. The learned counsel appearing for 1st to 3rd respondents who are the original plaintiffs states that the prayer made by the original plaintiffs was for rejection of the plaint under clause (d) of Rule 11 of Order 7 of the Code of Civil Procedure, 1908 and therefore he has no objection if it is clarified that by the impugned order the plaint stands rejected which does not amount to withdrawal of the suit. 2. In view of the aforesaid statement made by he learned counsel appearing for the 1st to 3rd respondents, this Writ Petition need not be kept pending. If the modification or clarification as suggested by the counsel for the 1 st to 3 rd respondents is made, the order impugned will be an order of rejection of the plaint. Even assuming that the parties are entitled to challenge the said order, they will have to do so by way of an appeal. 3. Hence, Petition is disposed of by passing the following order: : O R D E R: 3 (a) The impugned judgment and order dated 30th June 2009 passed below applications at Exhibits 37, 39 and 56 in Special Civil Suit No.706 of 2007 is clarified. The said order is of rejection of the plaint under clause (d) of Rule 11 of Order 7 of the Code of Civil Procedure, 1908. (b) It is clarified that the said order does not amount to withdrawal of the suit. (c) It is made clear that as the impugned order is an order of rejection of the plaint, remedy of preferring an appeal will be available. (A.S.OKA,J)