(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 8810 OF 2010 1. Ashok & Company, Bazar Peth, Sangamner, Through : Jayprakash Narayandas Karwa. 2. Jayprakash Narayandas Karwa, Age : 65 years, Occupation : Nil, R/o. Present, Nasik Road, Nasik, Near L.I.C. Building, Nasik. .. Petitioners. versus The Bank of Baroda, Head Office Mandvi, Branch Office Sangamner, District : Ahmednagar. .. Respondent. ....................... Mr. A.Z. Gandhi, Advocate, for the petitioners. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 31ST MARCH 2011 COURT'S ORDER : 1. Petition taken up for admission in pursuance to the order passed in Civil Application No. 3727/2011 seeking restoration. (2) 2. Heard Adv. Mr. A.Z. Gandhi, for the petitioners. 3. The petitioner has challenged the order dated 29-6-2009, passed by the learned Civil Judge (Senior Division), Sangamner, below Exhibit 71 in Special Civil Suit No. 96/1998, thereby rejecting the application filed by the petitioners / original defendants seeking dismissal of the suit at initial stage. 4. The impugned order is passed on an application under Order VII Rule 11 of CPC. The petitioners / defendants have sought dismissal of the suit on various grounds. It is apparent that if that application is granted, proceedings in the suit would come to an end. Therefore, remedy of filing Civil Revision Application under Section 115 of CPC is available to the petitioners. 5. With liberty to the petitioners, to take recourse of filing Civil Revision Application, present petition is disposed of. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp8810