1 wp 9137.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9137 OF 2011 Tatya Tukaram Panchamasekar and another .. Petitioners Versus Anusayabai Balaji Alkatwar .. Respondent Shri G. G. Kadam, Advocate for Petitioners. CORAM : S. V. GANGAPURWALA, J. DATE : 07TH DECEMBER, 2011. PER COURT : . The petitioners impugn the order dismissing the appeal as withdrawn. Shri Kadam, the learned counsel submits that in fact the said pursis was filed by the advocate without the signature of the petitioners. The petitioners were not intending to withdraw the appeal. According to the learned counsel, the petitioners had challenged the said order in appeal and there was no question of withdrawing the same. 2. The order appointing commissioner in execution was 2 wp 9137.11 challenged in miscellaneous civil appeal before the District Court. In fact, the appeal itself was not maintainable. As such, it does not matter whether the appeal was withdrawn or not, as even otherwise the District Court could not have entertained the appeal as it was not maintainable. 3. In view of that the writ petition is dismissed with liberty to the petitioners to challenge the order appointing commissioner in execution in appropriate proceedings. [ S. V. GANGAPURWALA, J. ] bsb/Dec. 11