KBP 3396-08.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3396 OF 2008 Bhagwan Dharmshi Patel ..Petitioner Vs. Smt.Ramubai Krishna Patil and ors. ..Respondents ......... Mr.N.V.Walavalkar, Sr.Counsel I/b.Mr.Jeetendra Sachdev, for petitioner. Mr.S.D.Rayrikar, AGP for respondent Nos.14 to 16. Mr.A.M.Kulkarni, for respondent No.16. ......... CORAM : A.S.OKA, J.. DATE : 9 th SEPTEMBER, 2009. P.C. : 1] Heard learned Senior Counsel appearing for the petitioner and learned counsel for the respective respondents. 2] Learned Senior Counsel appearing for the petitioner states that the petitioner may be permitted to withdraw this petition with liberty to challenge the impugned order in appeal which may be preferred against the decree passed in the suit. He states that the issue of limitation and all other legal contentions of the petitioner may be kept open. Hence, I pass the following order:- (a) The petition is dismissed as withdrawn with liberty to the petitioner to challenge the impugned order in appeal which may be preferred by the petitioner against the decree passed in the suit. (b) All contentions of the petitioner in that behalf are kept open. KBP 3396-08.sxw 2 (c) All contentions of the petitioner in the suit including bar of limitation are expressly kept open. ( A.S.OKA, J. )