1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3103 OF 2009 Abdul Sattar Gulab Bagwan .. Petitioner versus Ramchandra Baburao Jadhav (since deceased) through heirs Rajendra Ramchandra Jadhav & Ors. .. Respondents Mr.Umesh Mankapure for the petitioner. CORAM : A.S.OKA, J. DATE : 11th September 2009. P.C.: . The learned counsel appearing for the petitioner pointed out that after the petition was filed, the preliminary issue has been decided by the trial Court against the petitioner and the suit has been dismissed. He pointed out that there is a First Appeal preferred for challenging a decree of dismissal. 2. In view of the aforesaid statement, this writ petition will not survive as it will be always open for the petitioner to raise all the challenges raised in this writ petition in the First Appeal which is preferred by him. In the substantive First Appeal preferred by him, the petitioner can always challenge the orders which are impugned in this writ petition. 3. In view of this position, the writ petition is disposed of by keeping all 2 contentions of the petitioner expressly open and by granting liberty to the petitioner to raise the said contentions in the pending First Appeal. (A.S.OKA,J)