1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2385 OF 2009 Bhagchand Nagoji Bhawle & Anr. PETITIONERS VERSUS Sardar Abchalnagarsing Sardar Karamsing Bindra and others RESPONDENTS ....... Mr.M.R.Andhale, Advocate for the petitioners Mr.S.V.Gangapurwala, Advocate for R-1, 3, 5, 6 and 8 to 10. ....... [CORAM : A.V.POTDAR, J.] DATE : 11th June 2009 PER COURT: 1. After perusal of prayer clause (C) of the writ petition, it appears that the petitioners intend to challenge the judgment and decree passed by the District Judge, Aurangbad in RCA No. 09/2009 dated 30.03.2009. In the order passed on 09.06.2009 this Court has observed that the proper remedy to challenge the judgment and decree passed in first appeal would be to file second appeal. Therefore, the counsel for the petitioner seeks leave to withdraw the writ petition with liberty to file second appeal challenging the judgment and decree passed in RCA No.09.2009. 2 Leave granted. Petitioner is allowed to withdraw the writ petition with liberty to file second appeal for challenging the said judgment and decree. Considering the time consumed during the pendency of the writ petition, in case there is delay in preferring second appeal and if any application is filed to condone the delay, then the same may be considered with sympathy. With these directions the writ petition is disposed of as withdrawn with no order as to costs. [A.V.POTDAR, J.] drp/wp2385-09