1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6497 OF 2008 Eknath Rambhau Chondhe .. Petitioner Versus Laxman Rambhau Chondhe & Anr. .. Respondents Mr.A.B.Avhad for petitioner Mr.S.S.Kulkarni for respondent Nos. 1 and 2. CORAM : S.C.DHARMADHIKARI, J. DATE : 15th July 2009. P.C.: 1] This petition challenges an order passed by the Executing Court below Exh.41 in Regular Darkhast No.26 of 2005. It is undisputed before me that the petitioners are the decree holders and the respondents are judgement debtors. It was on judgement debtors’ application which was numbered as Exh.41 that the impugned order is passed. 2] After this matter was argued for some time and my attention was invited to Order XVI Rule 9 and 9(b) of the Code of Civil Procedure, in all fairness Mr.Kulkarni appearing for respondents – judgement debtors states that the Judgement Debtors cannot resort to these provisions and 2 seek reliefs that are sought in the present application. He, therefore, prays that the respondents – Judgement debtors be allowed to withdraw the application upon which the imugned order has been made with liberty to adopt such proceedings as are permissible in law, soas to bring on record the correct measurement in relation to the immovable property. Of course, Mr.Avhad appearing for decree holder – petitioners states that the property has been properly described and there is no reason to seek any clarification with regard to these measurements. In the larger interest of justice, leave to withdraw Exh.41 is granted with liberty as above. In the light of the withdrawal, the impugned order does not survive and is set aside as such. 2] Granting of such liberty shall not be construed as expression of any opinion either way by this Court and all pleas of both, judgement debtor so also petitioner are kept open. To enable the Judgement debtor to avail of this liberty, both sides shall maintain status quo as of today for a period of four weeks from today. Petition disposed of accordingly. No costs. (S.C.DHARMADHIKARI, J)