IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.643 OF 2005 IN S.C.SUIT NO.2187 OF 2005 WITH CIVIL APPLICATION NO.748 OF 2005 Augustin John Mathana & Ors. ...Appellants Versus Gregory John Mathana & Ors. ...Respondents ...... Mr.M.A.Patel for Appellants. None for for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. (VACATION JUDGE) (VACATION JUDGE) (VACATION JUDGE) JUNE 3, 2005. JUNE 3, 2005. JUNE 3, 2005. P.C. P.C. P.C. 1. Heard Counsel for the Appellants. 2. Counsel for the Appellants fairly accepts that it will be appropriate for the Appellants to : 2 : move the Trial Court immediately after re-opening for relief as prayed before this Court. Request is made for permission to withdraw this Appeal. Accordingly, dismissed as withdrawn. 3. As Appeal is dismissed as withdrawn, nothing survives in the Civil Application. The same is dismissed. A.M.KHANWILKAR, J.