1 wp-8331-10 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8331 of 2010 Sambhaji Tukaram Botre & Ors. .. Petitioners Versus Bapu Krushna Botre & Ors. .. Respondents Mr. Vilas Tapkir for the Petitioners Mr. P. S. Dani for Respondent Nos.1 to 6 CORAM : R.M.SAVANT, J. DATE : 9th NOVEMBER, 2011 P.C. : 1 The Learned Counsel for the Petitioners seeks withdrawal of the above Petition to file an Appeal under Order 43 of the Civil Procedure Code. Considering the challenge raised, the Writ Petition is accordingly allowed to be withdrawn with liberty to file an Appeal under Order 43(1) of the CPC. In the event if there is any delay in filing the Appeal under Order 43(1) of the CPC, the fact that the Petitioner was prosecuting the above Petition may be considered by the concerned Court. (R.M.SAVANT, J.)