1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5272 OF 2011. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 17.08.2011. 1. Heard. 2. The petitioners have impugned order rejecting the plaint U/o VII Rule 11(b) of the C.P.C. The said order amounts to a decree within the meaning of Section 2(2) of the C.P.C. and is appealable. 3. In light of that Mr.Talhar, learned counsel on instructions of the petitioners seeks leave to withdraw the Writ Petition with liberty to file appeal against the order impugned. 4. The Writ Petition is disposed of as withdrawn with liberty as aforesaid. 5. The authority before whom the appeal is 2 filed, shall consider the time spent in prosecuting the present Writ Petition. (S.V.GANGAPURWALA,J.) Dt.17.08.2011. asp/office/wp5272.11