dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.3943 OF 2007 PETITION NO.3943 OF 2007 PETITION NO.3943 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.S.S.Joshi i/b.Ms.Nayana V. Thatte for the Petitioner. Mr.S.M.Kamble i/b.Mr.C.P.Deogirikar for respondents 2 and 3. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 18th October, 2008. : 18th October, 2008. : 18th October, 2008. P.C. P.C. P.C. The application of petitioner/plaintiff was dismissed to set aside the order of dismissal of the suit under Order IX Rule 9 of C.P.C. The impugned order is dated 312.03.2004. The petitioner has challenged the same in the present petition. However, in view of the fact that there is a remedy of appeal available and, therefore, to avoid further delay , I am inclined to grant liberty to take the effective steps as the remedy of appeal is available. ( 2 ) The present petition is accordingly disposed of. The applicant to file appeal within six weeks from today. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]