- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6250 OF 2006 1.Shivaji Shankar Dorle & anr. ...Petitioners VS. 1.Balasaheb Tatoba Dorle & anr. ...Respondents --- Mr.V.S.Gokhale, for Petitioners. Mr.Umesh Mankapure, for Respondent no.1. CORAM: D.K.DESHMUKH, J. CORAM: D.K.DESHMUKH, J. CORAM: D.K.DESHMUKH, J. DATED: 25th January,2008. DATED: 25th January,2008. DATED: 25th January,2008. P.C. P.C. P.C.: 1. The learned Counsel appearing for petitioners submits that the Appeal Court could not have recorded the finding that the appeal is abated relying on the finding recorded by the trial Court on remand without considering the objections filed by the petitioners to the finding recorded by the trial Court. Perusal of the order impugned in the petition, however, shows that such a contention was not argued before the learned Appellate Court. The learned Counsel submits that such a contention was urged before the learned appellate Court but the learned appellate Court has - 2 - not dealt with that contention in his order. If that is so the remedy of the petitioners is to approach the same Court making the grievance about it. This Court cannot permit the petitioners to raise the objection if that was not argued before the appellate Court. The petition therefore, is disposed of with liberty to the petitioners to adopt appropriate remedy. ---