:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE FIRST APPEAL NO.1832 OF 2008 FIRST APPEAL NO.1832 OF 2008 FIRST APPEAL NO.1832 OF 2008 Girdharlal N. Tanna ...Appellant. v. Jankalyan Sahakari Bank Ltd. & Ors. ...Respondents. Mr.Deepak Lulia , adv. for the Appellant. Mr.Samji Joseph , adv. for the Respondent No.4. Mr.Ashok Kamath i/by V.Deshpande & Co., adv. for the respondent no.1. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 18th September, 2008. DATE: 18th September, 2008. DATE: 18th September, 2008. P.C. P.C. P.C. 1. The appellant is present with his counsel. The appeal was filed by the original plaintiff against the dismissal of the suit on the ground that civil Court had no jurisdiction to entertain the suit in view of the provisions of Section 163 of the Maharashtra Co-operative Societies Act. After some discussion at the bar, the learned counsel for the appellant seeks to withdraw the appeal with liberty to approach the respondent no.2 Executing Officer in respect of recovery certificate issued by the Assistant Registrar in favour of the respondent no.1 and to raise objections, which he may have against the execution of the said recovery certificate. :2: 2. Therefore, appeal stands disposed off as withdrawn with the aforesaid liberty. If the plaintiff/appellant approaches the respondent no.2 with his objections within four weeks from this date, the respondent no.2 shall take a decision on the said objections within four weeks thereafter. If such objections were raised before him within four weeks, the possession of the appellant over the disputed property shall not be disturbed till decision on his objections by the respondent no.2. If the appellant does not raise such objections within specified period, the respondent shall be at liberty to take action as per law. The appellant shall not create any third party interest over the disputed property. 3. As the appeal itself is disposed off as withdrawn, civil application no.4817 of 2008 does not survive and stands disposed off accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)