IN THE HIGH COURT OF BOMBAY AT GOA APPEAL FROM ORDER NO. 89 OF 2008 MR. ERNESTO CAETANO LOBO ... Appellant Versus MRS. MARIA ANGELINA REBELLO E VAZ ... Respondent Mr. Sudin M. S. Usgaonkar,Advocate for the appellant. Coram:- A. P. LAVANDE, J. Date:- 27th November, 2008 P.C. 1. Mr. Usgaonkar, learned Counsel for the appellant submits that the appeal from order, was preferred by the appellant with a bonafide belief that the appeal from order under Order XLIII Rule 1(u) of Civil Procedure Code, was maintainable against the impugned decree by which the Lower Appellate Court, has remanded the matter to the Trial Court. However, upon careful analysis of the provisions of the Code, the appellant has now realised that the case is not covered under Order XLI Rule 23 or 23-A of the Code and as such the appeal from order under Order XLIII Rule 1(u), is not maintainable. 2. Mr. Usgaonkar, therefore, seeks leave to withdraw the appeal with liberty to avail appropriate remedy. 3. In view of the above, the appellant is permitted to withdraw the appeal from order with liberty to avail an appropriate remedy available in law. The appeal from order stands disposed of as withdrawn with liberty sought for. A. P. LAVANDE, J. SMA