1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1537 OF 2009 Shri.Rajendra M. Nahar. ..Appellant. Vs. Shri.Santosh B.Samdhdiya and anr. ..Respondents Mr.S.N.Sabrad for the Appellant. Mr.V.Z.Kankaria for the Respondents. CORAM : R.S. MOHITE, J. DATE : 21st January, 2009 PC : 1 Advocate for the appellant wishes to withdraw this appeal with liberty to file application under Order-9 Rule 13 of the C.P.C. Appeal is allowed to be withdrawn with liberty as prayed for . However, it is made clear that if any such application is filed the same will be decided on its own merits. There will be refund of court fee as per rules. ( R.S. MOHITE, J.) `