1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO.695 OF 1997 IN NOTICE OF MOTION NO.1183 OF 1995 IN S.C.SUIT NO.1304 OF 1986 Tirupati Mahalaxmi Co-op. Housing Society Ltd. .. Appellant v/s. M/s.Gowani Builders (Private) Limited & ors. .. Respondents Mr.D.V.Merchant i/by M/s.Nanu Hormusjee & Co. for the appellant. Mr.Subodh Joshi i/by M/s.P.K.Shroff & Co. for the respondents. CORAM : R.M.LODHA AND ANOOP V. MOHTA, JJ. DATED : 9th January, 2006 P.C. Mr.D.V.Merchant, learned counsel for the appellant submits that the appellant is not desirous of prosecuting the appeal and the appeal may be permitted to be withdrawn. 2. We accept his statement and allow the appeal to be withdrawn. No costs. (R.M. (R.M. (R.M. LODHA, J.) LODHA, J.) LODHA, J.) (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)