IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6137 OF 2009 IN FIRST APPEAL ST.NO.29056 OF 2008 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Smt.Neeta Karnik for the petitioner Shri Khairnar h/f Mr.R.B.Paranjape for the res. Nos.3 & 4 Mr.S.D.Rayrikar, A.G.P for respondent CORAM: A.S.OKA,J. DATE : SEPTEMBER 1,2009 P.C.: 1 Heard the learned counsel for the applicant. This is an application preferred by the applicant seeking leave of this court to prefer a First Appeal. The learned counsel for the applicant states that the First Appeal will not be maintainable and the applicant will have to file a writ petition for challenging the impugned order. She, therefore, seeks permission to withdraw this application as well as the First Appeal with liberty to file a writ petition. 2 Accordingly, civil application is dismissed as withdrawn with liberty to file appropriate proceedings for challenging the impugned order. As the First Appeal has not been registered, the applicant will be entitled to refund of court fee as per the rules. 3. Civil Application No.6138 of 2009 does not survive and the same is disposed of. JUDGE