1 lpa 82-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 82 OF 2011 IN WRIT PETITION NO. 4662 OF 2007 Shree Sainath Mitra Mandal ...Appellant vs. Smt.Dipali Deepak Khanvilkar & Ors. ...Respondents Mr.A.C. Singh i/b. Mr.D.R. Shah for the Appellant. Ms.Hemangi D. Pathare i/b. Mr.D.A. Patil for Respondent Nos.1 to 3. CORAM : D.B. BHOSALE AND U.D. SALVI, JJ. APRIL 27, 2011 P.C :- 1 This Letters Patent Appeal is directed against the order dated 7th September, 2007 passed in Writ Petition No.4662/2007 whereby the petition has been dismissed. We have perused the order. The learned Single Judge dismissed the petition mainly on the ground that the petitioner was not party to the suit being RAD Suit No.48/2000. The petitioner had challenged the judgment and decree passed in the 2 lpa 82-2011 said suit. The learned Single Judge while disposing of the writ petition has observed thus :- If the petitioners have got any right, title or interest in the said property, they can take appropriate steps as per the law but they can not claim any right to prefer an appeal against the decree passed in favour of the respondent nos.1 to 3. 2 In view of this, Mr.Singh, learned Counsel for the appellant, on instructions, prays for allowing the appellant to withdraw the writ petition itself with liberty to the petitioner to adopt appropriate remedy for redressal of their grievance. 3 The learned Counsel for the respondent has no objection for granting permission to withdraw the writ petition. Hence, we pass the following order :- 4 The Writ Petition No.4662/2007 is dismissed as withdrawn with liberty to the petitioner to adopt appropriate remedy available in law for appropriate 3 lpa 82-2011 relief. In view thereof, the order impugned in the present appeal renders ineffective. All contentions of the parties are kept open to be raised in appropriate proceeding. 5 With these observations, Letters Patent Appeal is disposed of. Consequently, Civil Application No.102/2011 is also disposed of. (U.D. SALVI, J.) (D.B. BHOSALE, J.)