1 ASWP-6921-201O srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6921 OF 2010 Terarani Vidyapeeth, Kolhapur and anr. ...Petitioner Versus Shivaji University, Kolhapur and anr. ...Respondents Mr.S.S.Patwardhan for petitioners. Mr.Amit Borkar for respondent no.1. Mr.C.G.Gavnekar for respondent no.2. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. September 14, 2011. P.C. 1. We have heard Mr.Patwardhan, the learned counsel for the petitioners. The impugned recommendation dated 21st April 2005 is in two parts. In the first part the petitioner was directed to grant the selection grade to the respondent – Lecturer and under the second part the petitioner was directed to release the increment stopped and pay the 2 ASWP-6921-201O arrears from the date the increment was stopped. 2. The petitioner approached this Court in Writ Petition No.7409 of 2009 and challenged only the first part of the impugned order and gave up the challenge to the second part. It is, therefore, clear that the petitioner society gave up its challenge to the second part when Writ Petition No. 7409 of 2009 was filed and, therefore, it cannot be allowed to raise the challenge to the said second part of the impugned order. 3. Mr.Patwadhan submitted before us that the Society had filed a civil suit and the same has been dismissed as not maintainable. The petitioner may resort to the remedy of filing a first appeal against the said order, if so advised. 4. So far as this petition is concerned, it cannot be entertained and the same is rejected as not maintainable. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)