1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Writ Petition No. 1442 of 2009 Smt. Ushabai w/o. Laxminarayan Bihani & 2 Others. .. Petitioners. versus Kishorilal s/o. Govindram Bihani & 16 Others. .. Respondents. .................. Mrs. M.D. Thube-Mhase, Advocate, for the petitioners. .................. CORAM : B.R. GAVAI, J. DATE : 10TH JUNE 2009. COURT’S ORDER : 1. The learned Counsel appearing for the petitioner seeks liberty to withdraw the petition with further liberty to file a separate application for raising the preliminary objection after filing of the written statement. 2. Hence, the petition is disposed of as withdrawn with liberty 2 as prayed for. 3. It is made clear that if a fresh application is filed raising a preliminary objection, after filing of the written statement, the same will be considered by the trial court on its own merits. ( B.R. GAVAI ) JUDGE ...................... bgp/wp1442