1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. WRIT PETITION NO.4939/2008 Mahavir Nemgonda Suryawanshi. ..Petitioner. -VERSUS- Sau.Rajmati Dada Patil. ..Respondent ......... Mr.Umesh Mankapure, Advocate for the Petitioner. Mr.Ashok Chougule, Advocate for the Respondent .......... CORAM : S.C.DHARMADHIKARI, J. DATED : 17th APRIL, 2009. P.C. : 1. This Writ Petition challenges the order dated 23.04.2008 which has been passed by the Trial Court on a review application bearing No.01/2001. 2. This Review Application sought review of the decree dated 22.02.2001 in Special Civil Suit No.266/1997. 3. After this matter was argued for some time, Shri Mankapure learned counsel appearing for the Petitioner seeks leave of the Court to withdraw the review application with liberty to file an appeal to challenge the decree in the above suit. 4. Shri Chougule, learned counsel appearing for the 2 Respondent has no objection to the withdrawal but points out that the money decree has not been complied with and the Petitioner has failed to pay the sums thereunder. 5. In my view, the review was not the remedy and therefore, it can be permitted to be withdrawn even at this stage. In the peculiar facts of this case when the review application itself was pending for seven years, the Petitioner/Defendant can be granted an opportunity to challenge the decree of the Trial Court by filing a substantive appeal. If such an appeal is filed within a period of four weeks from today the lower Appellate Court shall condone the delay in filing the same and deal with it in accordance with law. Needless to state that as and when the application for interim stay is made in the said appeal, the Decree Holder/Plaintiff can oppose grant of relief therein and all the pleas of both sides in that behalf are kept open. 6. If the appeal is not filed within a period of four weeks from today, then, the Petitioner will have to satisfy the lower Appellate Court that the delay deserves to be condoned and even the condonation of delay can be opposed by the Decree Holder/Plaintiff. The benefit of this order will not be available to the Petitioner and the delay condonation application shall be decided uninfluenced by this order. The petition is disposed of in the above terms. JUDGE