wp1631.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ WRIT PETITION NO.1631 OF 2011 VISHWANATH VITHAL MUSNE AND ORS VERSUS SHAILENDRAKUMAR SAINPAL KATE ... Advocate for Petitioners : Smt. Reddy Brijesha V. Advocate for Respondents : Mr. Tungar Hrishikesh V for R-sole ... CORAM : S.S. SHINDE, J. Dated: December 22, 2011 ... Heard learned Counsel appearing for the parties. 2 This petition has been filed challenging the order below Exh.9 in MARJE No.97/2010. 3 It is not in dispute that the petitioners herein filed application before the Joint C.J.J.D., Latur under Order 9, Rule 13 of the Code of Civil Procedure for setting aside the ex wp1631.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ parte decree. Upon perusal of O. 43, R. 1(d) of C.P.C., an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte, an appeal from order is maintainable. 4 The learned Counsel for the petitioners seeks permission to withdraw this writ petition with liberty to avail the remedy as provided under Order 43, Rule 1(d) of the Code. Writ Petition is allowed to be withdrawn with liberty to file appropriate proceedings, as permissible in law. Petition disposed of as withdrawn. Interim order stands vacated. (S.S. SHINDE, J.) PLK/*