1 wp 6605.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6605 OF 2011 Dilip Shankarrao Jagtap .. Petitioner Versus The State of Maharashtra and others .. Respondents Shri M. S. Deshmukh, Advocate for the Petitioner. Smt. R. K. Ladda, A.G.P. for the Respondent/State. CORAM : S. V. GANGAPURWALA, J. DATE : 02ND SEPTEMBER, 2011. PER COURT : . The order impugned is passed by the Court on an application filed U/O 39 Rule 1 and 2 of the Code of Civil Procedure Code. If the Court was entertaining an application U/O 39 Rule 1 and 2 an appeal would lie U/O 43 Rule (1)(r) read with Sec. 104 of C. P. C. In the light of that Shri Deshmukh, the learned counsel seeks leave to withdraw the writ petition with liberty to file an appeal. The writ petition is disposed of as withdrawn with liberty as aforesaid. [ S. V. GANGAPURWALA, J. ] bsb/Sept. 11