1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.54 OF 2008 IN NOTICE OF MOTION NO.2661 OF 2006 IN SUIT NO.2348 OF 2006 AND NOTICE OF MOTION NO.390 OF 2008 IN APPEAL NO.54 OF 2008 1.Oshiwara Land Development Company Pvt.Ltd. & ors. ...Appellants Vs. 1.Mohid Constructions and ors. ...Respondents. --- Mr.Janak Dwarkadas, Sr.Counsel i/b. M/s.Mahimtura & Co., for Appellants. Mr.Virag V.Tulzapurkar, Sr.Counsel i/b. M/s. Kanga & Co., for Respondent nos.1 to 3. --- CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 2nd February, 2009. P.C.:- 2 1. On a motion made by the learned Counsel appearing for plaintiffs, suit no.2348 of 2006 is permitted to be withdrawn with liberty to adopt appropriate proceedings. 2. As a result of withdrawal of the suit, the order passed on notice of motion taken out in that suit does not survive for consideration and, therefore, the appeal is rendered infructuous. The appeal is disposed of as such. As a result of withdrawal of the suit, the plaintiffs shall be entitled to refund of Court fees as per rules. 3. Notice of motion no.390 of 2008 taken out in the appeal is also disposed of. (D.K.DESHMUKH, J.) (A.A.SAYED,J.) ---