1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5705 OF 2009 Maharaj Kumar Digvijay Singhji Dilip Singhji (Decd.) By LRs. 1a) YuvrajVikram Singh & Ors. .. Petitioners. Vs. Taher Salehbhoy Doctor (Decd.)By LRs. 1a) Sulochana Taher Doctor and Ors. .. Respondents. Mr.P.R.Naidu with Mrs.P.P.Naidu for the petitioners. Mr.Y.S.Jahagirdar, Sr.Counsel with Mr.G.S.Godbole i/b M/s.Hooseini Doctor & Co. for the respondents. Coram: D.B. BHOSALE, J. Dated : 23RD JULY, 2009 P.C. . Heard learned counsel for the parties. 2. Mr.Naidu, learned counsel for the petitioners submit that he has instructions not to press this writ petition and seeks liberty to the petitioner to file an application under Order 15-A of the Code of Civil Procedure seeking striking off the defence. The writ petition is disposed of as not pressed. It is open to the petitioner to file an application under Order 15-A of the Code, and if such an application is filed same may be considered on merits in accordance with law. All contentions of the parties are kept open including the contention of the defendants regarding maintainability of the application under order 15-A of the Code. (D. B. Bhosale, J.)