1 WP No.1965/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1965 of 2011 Tukaram Laxman Mate ... Petitioner versus Ram Mahadev Kavathekar and Anr ... Respondents ... Mr. Sagar Bharange with Ketan Chothani for the petitioner. Mr.S.S. Kanetkar for respondent no.1. CORAM : D.G. KARNIK, J DATED : 18th July 2011 P.C. 1. Learned counsel for the petitioner seeks leave to withdraw the writ petition with liberty to challenge the original order passed by the Civil Judge, Sr. Division, Pune dismissing his application under Order 9 Rule 3 of the Code of Civil Procedure by means of an appeal before an appropriate forum viz the High Court. Leave granted. Petition is disposed of as withdrawn with liberty as above. 2. It is clarified that no opinion is expressed about the maintainability of the appeal in the High Court. The question of maintainability of the appeal in this court, if raised, would be considered on its own merits. Learned counsel for the petitioner 2 WP No.1965/11 however prays that ad-interim relief which was granted by this court vide order dated 10 June 2011 may be continued for some time to enable him to take appropriate steps. It is accordingly ordered that the ad-interim relief granted by this court vide order dated 10 June 2011 shall remain in force for a period of four weeks from today. (D.G.KARNIK, J)