1 wp 7443.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7443 OF 2011 Shivshankar Umashankar Thakur .. Petitioner Versus Kavitakumari Shivshankar Thakur .. Respondent Shri P. M. Gaikwad, Advocate for the Petitioner. CORAM : S. V. GANGAPURWALA, J. DATE : 26TH SEPTEMBER, 2011. PER COURT : . The order impugned is passed U/O VII Rule 10 of the Code of Civil Procedure. In view of Order 43 of the Code of Civil Procedure an appeal from order would be maintainable. 2. Shri Gaikwad, the learned counsel on instructions of the petitioner seeks leave to withdraw the writ petition with liberty to file appeal from order before the appropriate forum. 3. The writ petition is accordingly disposed of as withdrawn with liberty as aforesaid. The forum where the appeal is filed 2 wp 7443.11 shall consider the time spent in prosecuting the present writ petition. [ S. V. GANGAPURWALA, J. ] bsb/Sept. 11