IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 1018 OF 2002 NO. 1018 OF 2002 NO. 1018 OF 2002 Pradyumn Nemkumar Jain ... Appellant. Versus. Dr.(Mrs.) Renuka Anup Chatterjee and anr. ... Respondents. Sarvasri Kevik Setalwad a/w R.G. Bhatt i/by Sanjay Sinha for the Appellant. Ms. Poornima Bhatia for the Respondents. CORAM CORAM CORAM : SRI RMS KHANDEPARKAR & : SRI RMS KHANDEPARKAR & : SRI RMS KHANDEPARKAR & SRI SRI SRI P.B. MAJMUDAR, JJ, P.B. MAJMUDAR, JJ, P.B. MAJMUDAR, JJ, DATE DATE DATE : 28th April, 2008. : 28th April, 2008. : 28th April, 2008. P.C.: P.C.: P.C.: . The learned Advocate for the Appellant submits that the Appellant would like to take out a fresh Notice of Motion before the learned single Judge for the purpose of interim relief in the matter, since the suit is pending from 1996. On such an opportunity being given, the learned Advocate for the Appellant upon instructions, craves leave to withdraw the appeal. While accepting the submission of the learned Advocate for the Appellant, while granting liberty to take out a fresh Notice of Motion on the facts and/or points other than those are canvassed in the present motion before the learned single Judge and adjudicated in the impugned order, the appeal is allowed to be withdrawn and the same accordingly stands disposed of with no order as to costs. (P.B. MAJMUDAR, J.) (R.M.S. KHANDEPARKAR,J.)