IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 175 OF 2008 APPEAL FROM ORDER NO. 175 OF 2008 APPEAL FROM ORDER NO. 175 OF 2008 WITH CIVIL APPLICATION NO. 212 OF 2008 Sau. Shubhlaxmi Shashikant Vijaykar & Anr. .... Appellants (Org. Defendants) Versus Sau. Deepa Dilip Sathye .... Respondent (Orig. plaintiff) Mrs. Uma G.Wagle, Advocate, for the appellants. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 25th February,2008. DATE: 25th February,2008. DATE: 25th February,2008. P.C. P.C. P.C. 1. Heard learned Counsel for the appellants. 2. The appellants are the defendants in Special Summary Suit No.61 of 2007. Leave to defend has been granted to the appellants. In the present Appeal, it is contended that the suit itself is not tenable because it is based on oral agreement. Even though this was pointed out in the application Exhibit 22 as a ground for seeking leave to defend, no application was made before the trial Court to raise a preliminary issue or point about the tenability of the suit. 3. In view of this, learned Counsel for the appellants seeks to withdraw the Appeal with liberty to move an application before the trial Court raising the question of non-tenability of the Summary Suit. 4. Appeal stands disposed of as withdrawn with the aforesaid liberty. 5. As the Appeal itself is disposed of, the C.A. does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)