1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8063 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.P.N.Kalani, advocate for the petitioner. CORAM : S.V.GANGAPURWALA,J. Date : 17.10.2011. PER COURT : 1. Heard. 2. The present petitioner/original plaintiff had filed a suit for declaration and injunction. The defendants raised preliminary objection about the jurisdiction U/s 9-A of the C.P.C. The trial Court thereafter took up the issue of jurisdiction and decided the same. Vide impugned order the trial Court dismissed the suit as barred by jurisdiction. 3. In view of the fact that the same is dismissed on the ground of jurisdiction an appeal would lie. 4. In light of the above, Mr.Kalani, learned counsel seeks leave to withdraw the Writ Petition with liberty to file appeal against the 2 impugned order. The Writ Petition is disposed of as withdrawn with the liberty aforesaid. 5. The Court where the appeal will be filed, shall take into consideration the time spent in prosecuting the present Writ Petition. (S.V.GANGAPURWALA,J.) Dt.17.10.2011. asp/office/wp8063.11 3