Shree Chandrashekhar, J. - (1.) The petitioners are aggrieved of order dated 10.11.2008 passed in Title Suit No.132 of 2008 by which purportedly in exercise of powers under Order VII Rule 11(d) CPC the trial Judge has rejected the plaint.
(2.) Faced with a preliminary objection on maintainability of the writ petition on the ground that against an order rejecting the plaint an appeal shall lie, Mr. D.K. Prasad, the learned counsel for the petitioners seeks permission to withdraw the writ petition with liberty to the petitioners to prefer an appeal against order dated 10.11.2008 passed in Title Suit No.132 of 2008.
(3.) Mr. V.P. Singh, the learned Senior counsel for the respondents has raised no objection to the prayer seeking withdrawal of the writ petition with the aforesaid liberty to the petitioners.;