: 1 : FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.510 OF 2004 -------------------------------------------------------------------- Office Notes, office : Memorandum of Coram, : appearances of, Court’s : Court’s order Judge’s orders orders or directions : and Registrar’s orders : -------------------------------------------------------------------- Mr.G.S. Godbole for appellant. CORAM: V.C. DAGA, J. CORAM: V.C. DAGA, J. CORAM: V.C. DAGA, J. DATED: 17TH SEPTEMBER, 2004. DATED: 17TH SEPTEMBER, 2004. DATED: 17TH SEPTEMBER, 2004. . The learned counsel for appellant filed an affidavit dated 17th September, 2004 to withdraw the present appeal with a view to file a composite suit as the earlier suit came to be dismissed for not serving the suit summons on the respondents. The learned counsel appearing for the respondents has no objection for permitting withdrawal of this appeal with liberty reserved in favour of the appellant as sought in the affidavit. 2. The appeal is thus dismissed as withdrawn with liberty reserved keeping all rival contentions open. : 2 : ******