pvr １ ap509-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.509 OF 2011 IN NOTICE OF MOTION NO.288 OF 2008 IN SUIT NO.217 OF 2008 The Khatau Makanji Spg.& Wvg. Company Ltd. ...Appellant vs. Padamshi Shah. ...Respondent --- Ms.A.Wandrewala i/b. Mr.H.G.Gantra, for Appellant. Mr.J.G.Bhatt, for Respondent. --- CORAM: D.K.DESHMUKH & ANOOP V. MOHTA, JJ. DATED: 12th September,2011. P.C.:- 1. On a motion made by the learned Advocate appearing for plaintiff-appellant, notice of motion no.288 of 2008 is permitted to be pvr ２ ap509-11 withdrawn with liberty to take out a fresh notice of motion seeking same reliefs after carrying out proper amendments in the plaint. As a consequence of withdrawal of notice of motion no. 288 of 2008, the order passed on that notice of motion dated 5.5.2011 does not survive for consideration, rendering this appeal infructuous. The appeal is disposed of as such. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.)