skt/- 1 24.wp.4971.08.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 4971 OF 2008 Shri Dasharath Pundalik Rajole & Ors. ...Petitioners. Vs. Shri Ganpat Trimbak Rajole & Ors. ...Respondents. ..... Mr.Tushar Sonawane, Advocate for the Petitioners. Mr. Prashant Patil, Advocate for Respondent Nos. 18 to 20. ..... CORAM :- A.S.OKA, J. DATED :- 19TH MARCH, 2010. P.C.- 1. Heard learned counsel appearing for the parties. On the last date, it was pointed out that an appeal preferred by Respondent No.20 against the decree passed by the Trial Court is pending in the District Court. The learned counsel appearing for the Petitioners, on instructions of the Petitioners, seeks permission to withdrawn this writ petition with liberty to file cross-objections in the said Appeal. He submits that the delay in filing of cross-objections may be condoned. skt/- 2 24.wp.4971.08.sxw 2. The Petitioners will have to apply before the District Court for extension of time to file cross-objection, in accordance with Sub- rule 1 of Rule 22 of Order XLI of the Code of Civil Procedure, 1908. If such application is made by the Petitioners, the Appellate Court is bound to take note of the fact that the application for condonation of delay was made by the Petitioners on 28th November 2001 and the same remained pending till 12th February 2008. The Appellate Court is also bound to note the fact that the present writ petition was filed by the Petitioners on 7th April 2008 and the same remained pending till today. 3. Accordingly, the writ petition is disposed of as withdrawn with liberty to file cross-objections in the aforesaid appeal. Subject to what is observed above, all contentions of the parties on application for extension of time to file cross-objections , which may be filed by the petitioners are kept open. (A.S.OKA, J.)