{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7934 OF 2010 Ashok s/o Shalikram Jaiswal and others Petitioners Versus The State of Maharashtra and others Respondents Mr.Hemant Surve, advocate for petitioners Mrs.Y.M.Kshirsagar, A.G.P. for respondent No.1. CORAM : R.M.BORDE, J. DATE: 01st September 2010 PER COURT: 1 The application tendered to the first appellate Court in Regular Civil Appeal No.184/2010, although was styled as a stay petition, however, considering the fact that suit presented by the petitioners herein – original plaintiffs has been dismissed by the trial Court, there cannot arise any question to stay the execution of the decree as there is no decree passed in favour of the petitioners herein. Prayer clause (B) noted in the application is in the nature of an order of injunction, which prayer can be considered under Order 39 Rules 1 & 2. An order passed on the application seeking relief under Order 39 Rules 1 and 2 would be appealable under Order 43 Rule 1r of the Code of Civil Procedure {2} Code. 2 In this view of the matter, learned Counsel for petitioners, seeks leave to withdraw the petition with liberty to avail of alternate remedy as provided in law. 3 Leave granted. Writ Petition stands rejected as withdrawn with liberty as prayed for. R.M.BORDE JUDGE adb/wp793410