1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3258 of 2008 Laxmibai Hirasa Pawar & Ors. .. Petitioner versus Dnyaneshwar Vishnusa Pawar & ors. .. Respondent ... Mr.G.S.Godbole for the petitioners. CORAM : A.M.KHANWILKAR, J DATED : 7th August 2008 P.C.: 1. Heard counsel for the petitioners. 2. According to the petitioners, plaintiff nos.1 and 2 and defendant no.9 were not entitled for the relief granted by the court below on application Exhibit.110. In as much as, the plaintiff no.1 and defendant no.9 were children of Sunandabai Vishnusa 2 Pawar who was not the legally wedded wife of Vishnusa Pawar. However, from the impugned judgement it is noticed that no such contention was raised before the court below. On the other hand, petitioners contested the claim of plaintiff nos.1 and 2 and defendant no.9 in relation to the relief of maintenance on merits. According to the petitioners, the petitioners have specifically raised that plea in the written statement and in the evidence of Plantiff no.2. That is not enough. The petitioners were expected to raise that specific plea. If the petitioners had specifically raised that plea the court of first instance would have addressed that question. No new plea, more particularly which is a question of fact, can be permitted to be raised for the first time in Writ Petition under Article 227 of the Constitution. 3. Realising this difficulty, counsel for the petitioner seeks to withdraw this petition with liberty to approach the trial court by way of Review Petition or such other application as may be permissible by law which may be decided on its own merits. 4. Besides, the petitioners will be free to challenge the correctness of the impugned order on 3 its own merits in the event abovesaid proposed proceedings were to be decided against the petitioners, while challenging the order passed thereon before this court in subsequent round. . Accordingly, petition is allowed to be withdrawn with liberty as prayed. (A.M.KHANWILKAR, J)