1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5925 OF 2008 Harilal Bhilal Asman and others ..Petitioners. Vs. Supadu Bala Jadhav and others ..Respondents. .... Mr. S.A. Shinde i/b Mr. Sagar Kasar for the Petitioners. Mr. S.M. Kamble for Respondents 1 to 4, 5B to 5D and 6. .... CORAM: DR. D.Y. CHANDRACHUD, J. 19th September, 2008. P.C. : The Petitioners had moved an application at Exhibit 52 for framing a preliminary issue as to jurisdiction. The application was rejected by an order dated 17th September, 2007 of the Civil Judge, Senior Division at Malegaon in Special Civil Suit No.98 of 2005 with the observation that since the issues have already been framed, the issue as to jurisdiction would be decided along with other issues. In the reply which has been filed on behalf of Respondents 1 to 4, 5B to 5D and 6, an order dated 14th July, 2008 of the Learned Trial Judge in the same suit has been annexed. That order was filed on an application by Defendant No.2A questioning the jurisdiction of the Trial Court. The Trial Judge has 2 held, in the order which was passed on an application at Exhibit 77 that the Court had jurisdiction. In view of the aforesaid order dated 14th July, 2008 which has been passed on Exhibit 77, Counsel appearing for the Petitioners seeks the permission of the Court to withdraw this Petition with liberty reserved to adopt appropriate proceedings in respect of the order dated 14th July, 2008. The Petition is accordingly dismissed as withdrawn with liberty as prayed. *****