1 AO 945-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.945 OF 2010 Anant Rajaram Palav ..Appellant V/s. Mohd. Hamid Khan & anr. ..Respondents Mr.J.S.Kini i/b.Mr.Suresh Dubey, Advocate, for the Appellant Mr.Rahul D. Thorat, Advocate, for the Respondents CORAM : R.C.CHAVAN, J. DATE : 16TH AUGUST, 2010 P.C. . The learned Counsel for both the parties state that in fact none of them had any objection to proceed further with the cross examination and the learned Trial Judge should not have closed this opportunity. Undoubtedly, ordinarily it is always desirable to have a full trial rather than deciding the matter on default. 2 AO 945-10 2. The learned Counsel for the Appellant seeks leave to withdraw Appeal from Order with liberty to have such recourse of other remedies as may be available. Appeal from Order is allowed to be withdrawn. Appeal from Order is disposed of as withdrawn with liberty as prayed for. (R.C.CHAVAN, J.)