IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO. 171 OF 2008 APPEAL (LODGING) NO. 171 OF 2008 APPEAL (LODGING) NO. 171 OF 2008 IN IN IN NOTICE OF MOTION NO. 3312 OF 2007 NOTICE OF MOTION NO. 3312 OF 2007 NOTICE OF MOTION NO. 3312 OF 2007 IN IN IN SUIT NO. 2340 OF 2007 SUIT NO. 2340 OF 2007 SUIT NO. 2340 OF 2007 Prakash Dattatraya Hoval ...Appellant (Orig.Defendant No.2) V/s. Jayshree Dattatraya Hoval ...Respondent (Orig.Plaintiff) Mr.G.A. Tamble for the Appellant. Mr.Sudhir Pawar for Respondent No.1. CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND V.M. KANADE, J. V.M. KANADE, J. V.M. KANADE, J. DATED : APRIL 22, 2008 DATED : APRIL 22, 2008 DATED : APRIL 22, 2008 P.C. :- P.C. :- P.C. :- . Counsel for the appellant wishes to withdraw this appeal without prejudice to his rights raising all the grounds taken in the present appeal in application for vacating under Order 39 Rule 4, as according to him, he was not present when the case was dealt with. . Appeal is disposed of with liberty granted without prejudice to his rights. CHIEF JUSTICE CHIEF JUSTICE CHIEF JUSTICE V.M. KANADE, J. V.M. KANADE, J. V.M. KANADE, J.