IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3091 OF 2009 Mrs.Manjula Meghji Shah @ Chhadva & Ors. ...Petitioners V/s. M/s.Ajanta Exhibitors & Ors. ...Respondents ...... Mr.Shashi K.Jain for Petitioners. Mr.P.J.Thorat for Respondent No.1. Mr.V.T.Lulia for Respondents 2 to 5. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 26, 2009. MARCH 26, 2009. MARCH 26, 2009. P.C. 1. Preliminary objection is taken by the Counsel for the Respondents that the order impugned in this Writ Petition is amenable to Appeal from Order being passed under provisions of Order XXXIX of the Code of Civil Procedure. There is substance in this submission. 2. Realising this position, Counsel for the : 2 : Petitioners seeks permission to withdraw this Petition with liberty to file Appeal from Order against the impugned decision. He, however, prays that the interim arrangement ordered by this Court on 18th March 2009 be continued for some time to enable the Petitioners to seek appropriate directions from the concerned Court in Appeal from Order. There is no difficulty in accepting this request. 3. Accordingly, this Petition is dismissed as withdrawn with liberty to file Appeal from Order against the impugned order. All question including the issue of limitation will have to be examined on its own merits in accordance with law in the proposed appeal. 4. Interim arrangement in terms of order dated 18th March 2009 to continue till 6th April 2009. A.M.KHANWILKAR, J.