- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 302 OF 2009 IN CIVIL APPLICATION No. 364 OF 2009 M/s. Firdos Properties & Investment Company ... Appellant Vs. Girnya Vithu Dhone & Ors. ... Respondent Mr. Yash Sakhare i/b M/s. YKS Legal, for applicant. Mrs. Jai Kanade i/b M/s. Mahimtura & Co, for respondents No.14. CORAM : R. V. MORE, J. DATE : JULY 6, 2009. PC :- 1. Learned counsel for respondent No.14 tenders the certified copy of application (Exhibit 97) in Special Civil Suit No. 49 of 2008 alongwith order passed thereon by the Civil Judge, Jr. Division, Kalyan on 18th June, 2009. The said application and order is taken on record. Perusal of said order discloses that the appellant/original plaintiff has sought leave to withdraw the suit and by the order dated 18th June 2009 learned trial Judge granted permission to the plaintiff to withdraw the suit. In view of withdrawal of the suit, present appeal will not survive and the same is dismissed. - 2 - 2. In view of dismissal of the present appeal, Civil Application No. 364 of 2009 does not survive for consideration and the same is accordingly disposed of. Sd/- [ R. V. MORE, J.]