1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1254 OF 2010 Rajesh Jainarayan Khandelwal, R/o. Moti Nagar, Latur & another ....Petitioners. Versus Akash Babasaheb Katale, R/o. Kolpa, Tal. & Dist. Latur & others ....Respondents. Shri. C.R. Deshpande, Advocate for the petitioner. CORAM : R.M. BORDE, J. DATE : 18th March, 2010 PER COURT : 1. The restraint order passed against the defendants/petitioners by 2nd Jt. Civil Judge, Senior Division, Latur while dealing with the application presented by the plaintiff purporting under section 151 of Code of Civil Procedure Code, is subject matter of challenge in the petition. 2. Although this application makes a mention of section 94 read with section 151 of Code of Civil Procedure, in effect the trial Court has granted restraint order against the defendants. It is pointed out that earlier application seeking injunction presented under Order 39, Rule 1 2 and 2 was rejected by the same Court on 10th August 2009. The interlocutory order passed by the trial Court again imposing restrain by issuing order of injunction is amenable to challenge either in misc. civil appeal or appeal from order. 3. In this view of the matter, the counsel appearing for the petitioner seeks leave to withdraw the petition with liberty to present proper appeal before appropriate forum. Leave granted. Petition is rejected as withdrawn. [ R.M. BORDE, J. ] ssc/wp1254.10