1 wp 9249.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9249 OF 2011 Manohar Kisanrao Dhole .. Petitioner Versus The State of Mah. and others .. Respondents Shri G. K. Thigale (Naik), Advocate for the Petitioner. Shri N. B. Patil, A.G.P. for the Respondent/State. CORAM : S. V. GANGAPURWALA, J. DATE : 01ST DECEMBER, 2011. PER COURT : . The petitioner impugns the order returning the plaint U/O 7 Rule 10 of the Code of Civil Procedure. The said order is appealable U/O 43 of the Code of Civil Procedure. 2. In view of that Shri Thigale, the learned counsel seeks leave to withdraw the petition with liberty to file appeal before the appropriate forum. 3. The writ petition is dismissed as withdrawn with the 2 wp 9249.11 liberty as aforesaid. Needless to state, the forum where the appeal will be filed shall take into consideration the time spent in prosecuting the writ petition. [ S. V. GANGAPURWALA, J. ] bsb/Dec. 11