1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3476/2008 (Dinesh Babulal Sharma vs. Ratnaprabha Shivlal Jaiswal and others) CORAM : B.P.Dhamadhikari, J. DATE : 4 th DECEMBER, 2008 Heard Advocate Dhatrak, for the petitioner and Advocate Gilda for Respondents. It is brought to the notice of this Court that because of order passed below Exh. 73 & 74, consequential order has also been passed below Exh.1 on 11.7.2008 itself and suit itself has been dismissed. It is, therefore, apparent that petitioner/ legal heir has to challenge the said dismissal of suit before appropriate forum. In the circumstances, Advocate Dhatrak seeks permission to withdraw the writ petition with liberty to file appropriate proceedings. Accordingly, petition is allowed to be withdraw with liberty. Interim order operating till today to continue till 17th December, 2008, to enable petitioner/plaintiff to take recourse to appropriate forum. It is made clear that the interim order is 2 continued without examining the controversy on merits. JUDGE Rvjalit