1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 5427 OF 2008 Ambabai w/o Bhaurao Bharati and others ...Petitioners Versus Laxmibai w/o Santaram Bharati and others ...Respondents ..... Mr. V.D. Gunale, advocate for the petitioner Mr. R.B. Dhakane, advocate for respondent No. 2 Mr. K.F. Singare, advocate for respondent Nos. 11 to 16 ..... CORAM: S. S. SHINDE, J. DATED: 17TH AUGUST, 2009 PER COURT:- 1 Learned counsel appearing for the petitioners seeks permission to withdraw this writ petition on the ground that the second appeal is maintainable. Learned counsel further submitted that the petitioner should not suffer due to pendency of this writ petition on account of delay in filing the second appeal. 2 Learned counsel appearing for the contesting respondent Nos. 11 to 16 submitted that the appeal is maintainable. He further submitted that this Court may only permit to withdraw the petition 2 without making any observations. 3. Upon hearing learned counsel for the respective parties, petition is allowed to be withdrawn with liberty to avail appropriate remedy, as are open in law. Needless to mention that during pendency of the writ petition there was no any interim relief grated by this Court and thus, the petitioner was not benefited. Therefore, while entertaining payer for condonation of delay in filing appeal the provisions of Section 14 of Limitation Act may be kept in mind. 4. Writ petition is disposed of. (S.S. SHINDE, J). rlj/