1 Ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.1834 OF 2010 Laxman Maruti Rajapure & Ors. ...Petitioners vs. Rajaram Jagannath Magar & Ors ...Respondents Mr.P.B.Gujar for the petitioners None for the respondents CORAM :A.S.OKA,J. DATE : MARCH 22, 2010 P.C. 1 Heard the learned counsel for the petitioners. The learned counsel for the petitioners states that the petitioners-plaintiffs did not comply with the provisions of sub rule 2 of Rule 10(A) of Order VII of the Code of Civil Procedure,1908. In view of this statement, an Appeal from Order under clause (a) of the rule 1 of Order XLIII of the said Code will be maintainable in as much as the petitioners-plaintiffs have not followed the procedure specified under Rule 10(A) of order VII of the said Code. 2 In view of this position, the learned counsel for the petitioners seeks permission to withdraw this petition with liberty to prefer an appeal from Order. Accordingly, petition is dismissed as withdrawn with liberty as prayed. 3 All contentions of the parties on merits are kept open. JUDGE 2