1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8088 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders CORAM : S.V.GANGAPURWALA,J. Date : 17.10.2011. PER COURT : 1. Heard. 2. The impugned order is passed by the trial Court U/o 39 Rule 1 and 2 of the C.P.C. As per Order 43 Rule 1(r) of the C.P.C., appeal is maintainable. 3. In view of that Mr.Joshi, learned counsel on instructions of the petitioner seeks leave to withdraw the Writ Petition with liberty to file appeal. 4. The Writ Petition is disposed of as withdrawn with liberty as aforesaid. 5. The Court, where the appeal will be filed shall take into 2 consideration the time spent in prosecuting the present Writ Petition. (S.V.GANGAPURWALA,J.) Dt.17.10.2011. asp/office/wp8088.11 3