1 wp6280-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.6280 OF 2011 Anandrao Ravaji Kulkarni .. Petitioner Versus Smt. Gangubai alias Sonbai Dadgonda Patil Since deceased through Legal heirs and others ... Respondents Mr. S. S. patwardhan for the petitioner Mr. D.S. Sawant i/by Mr.Rajesh B. Parab for respondent Nos. 2and 3 CORAM : R. Y. GANOO, J. DATED : 27th September, 2011 P.C. 1. Heard learned counsel for the parties. 2. An application Exh.5 in Regular Civil Appeal No. 108 of 2010 was filed under order 39 Rule 1 and 2 of the Code of Civil Procedure. If any order passed below this application is to be challenged, the same will have to be challenged by filing of Appeal from Order as per the provisions of order 43 Rule 1(r) of the Code of Civil Procedure. Hence, this writ petition is not maintainable. the petitioner will have to file appropriate proceedings. 3. The petition is allowed to be withdrawn with liberty to file appropriate proceedings. 4. There shall be no order as to costs. (R. Y. GANOO, J.)