1 WP 6040.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6040 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. R.R.Suryawanshi, Advocate for the petitioners. .......................... CORAM : S.V. GANGAPURWALA, J. DATE :14/09/2011 PER COURT : 1. Mr. Suryawanshi, the learned counsel submits that the petitioner had filed an objection under Order XXI Rule 58 of the Code of Civil Procedure [ For short, ‘ the Code ’ ] to the order of attachment of the property. The said objection is rejected. Aggrieved thereby, the present Writ Petition is filed. 2. If an objection under Order XXI Rule 58 of the Code is adjudicated, then in such a case, the same amounts to a decree and Appeal would lie in view of Order XXI Rule 58 ( 4 ) of the Code. 2 WP 6040.2011 3. In view of that, Mr. Suryawanshi,the learned counsel seeks leave to withdraw the Writ Petition with liberty to file Appeal before the appropriate forum. 4. The Writ Petition is disposed of as withdrawn with the liberty as aforesaid. The Court before whom the Appeal is filed, shall consider the time spent in prosecuting the present Writ Petition. [ S.V. GANGAPURWALA, J.] KNP/WP 6040.2011 3 WP 6040.2011