( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 4695 OF 2007 Jadavbai Mishrimal Lalwani Since deceased, by L.R. PETITIONER VERSUS Chanchaldas Dholumal Sindhi & others RESPONDENTS ..... Mr. S.P. Brahme, advocate for the petitioner. Mr. V.P. Raje, advocate holding for Mr. C.R. Deshpande, advocate for respondent No. 5. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 11th February, 2010] PER COURT : 1. Heard learned counsel. 2. The counsel for the petitioner seeks withdrawal of the petition with liberty to avail alternate remedy of filing appeal since due to dismissal of the application for substitution, the suit itself has been dismissed and, therefore, it amounts to rendering of decree, which is appealable. Allowed to withdraw with liberty to avail the appellate remedy, as may be ( 2 ) permissible under the law and keeping all the questions open, including the question about condonation of delay and the abatement. The petition is accordingly dismissed as withdrawn. No costs. 3. In view of dismissal of the writ petition as withdrawn, civil application No. 12963/2009 stands disposed of. [ V.R. KINGAONKAR ] JUDGE NPJ/wp4695.07