1 WP No.5947/10 Mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.5947 of 2010 Dhondiram Gopal Chavan & ors. ... Petitioners versus Keraba Appa Chavan & ors. ... Respondents ... Mr.P.J.Pawar for the petitioner. CORAM : D.G. KARNIK, J. DATED : 3rd August 2010 P.C. 1. The original appeal was dismissed on 22 January 2007 under Order 41 Rule 17 of the Code of Civil Procedure. Instead of making an application under Order 41 Rule 22 of the Code of Civil Procedure for restoration, petitioner made an application under Order 9 Rule 21 of the Code of Civil Procedure which was clearly not maintainable. In view of this, learned counsel for the petitioner seeks leave to withdraw the writ petition with liberty to file an appropriate application under Order 41 Rule 22 of the Code of Civil Procedure. Leave granted. Petition is disposed of as withdrawn. 2. It is clarified that no opinion is expressed about the maintainability or limitation of the application if made under Order 41 Rule 22 of the Code of Civil Procedure. (D.G. KARNIK,J.)