1 wp5082.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 5082 of 2009 Rajendra Vitthal Pawar ...Petitioner v/s. Arif Mehbob Sayyad & ors. ...Respondents Mr. P.B. Kakade for the petitioner. Mr. N.B. Patil & A.N. Mulla for respondents 1,5-9. CORAM:- B.R. GAVAI, J. DATED :- FEBRUARY 22 2011. P.C. The learned Counsel for the Respondent takes a preliminary objection that since the decree is challenged by way of present Petition, the present Petition would not be tenable in jurisdiction of this Court under Article 227. The contention appears to be correct. The learned Counsel for the Petitioner, therefore, seeks liberty to withdraw the Petition with liberty to take recourse to alternate remedy available to him in law. 2. Petition disposed of as withdrawn with liberty as prayed for. 2 wp5082.09.sxw 3. It is made clear that if there is any delay in taking recourse to alternate remedy, the Petitioner would be entitled to the benefit of Section 14 of the Limitation Act for the period during which he was bonafidely prosecuting the present Petition. (B.R. GAVAI, J)