*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4425/2007 Suresh Dattatraya Shende and another. ..Petitioners -VERSUS- M/s Madhuri Constructions. ..Respondent ............... Mr.Sanjay Kshirsagar, Advocate for the Petitioners. Mr.G.S.Godbole, Advocate i/b Mr.Nitin Muley, Advocate for the Respondent. ............... CORAM: A.P. DESHPANDE, J. Dated 20th November, 2009. PC:- 1 A preliminary objection is raised by the learned counsel for the Respondent to the maintainability of the Writ Petition by contending that the impugned order is referable to Order-11 Rule-21 of the Civil Procedure Code and hence, an appeal would lie under Order-43 Rule-1(i) of the Civil Procedure Code against the impugned order. Thus, the Writ Petition is not maintainable. 2 In that view of the matter, the learned counsel for the Petitioners seeks permission to withdraw the present Writ Petition with liberty to file an Appeal From Order. 3 Allowed to be withdrawn with liberty as prayed for. (A.P. Deshpande, J)