1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7343 OF 2008 Keshav S/o.Laxman Yadav (Thakar) and another PETITIONERS VERSUS Habib Amar S/o.Habib Mohd. Chause Aljilaji RESPONDENT Mr.P.P.Khandagale Patil, advocate for petitioners Mr.P.R.Katneshwarkar, advocate for respondent (CORAM : A.V.POTDAR, J.) DATE : 16/06/2009 PER COURT : 1. By the present writ petition under Article 227 of The Constitution of India, the petitioners have challenged the order passed below Exh.5, in Spl.C.S.No.15/2008 vide order dated 16/10/2008. After presentation of the writ petition, office note was put up by the Registry (Judl.) dated 11/02/2009 that the appropriate remedy available for the petitioners is to file an appeal under Order 43 Rule 1(r) of CPC and Misc.Civil Appeal lies before the District Court. In view of this note, the learned advocate appearing for petitioner seeks leave to withdraw this writ petition with leave to file the Misc.Civil Appeal in the District Court. Leave granted. The writ petition stands disposed of as withdrawn with no order as to costs. (A.V.POTDAR, J.) khs/wp7343-08 2