:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE APPEAL FROM ORDER NO.54 OF 2008 APPEAL FROM ORDER NO.54 OF 2008 APPEAL FROM ORDER NO.54 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.58 OF 2008 CIVIL APPLICATION NO.58 OF 2008 CIVIL APPLICATION NO.58 OF 2008 Arif Amir Shaikh ...Appellant. v. Akram Bashir Khan ...Respondents. Mr.A.M.Sarogi for Shri N.P.Bhavsar, advs. for the Appellant. Mr.D.R.Singh, adv. for the Respondents. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 16th January, 2008. DATE: 16th January, 2008. DATE: 16th January, 2008. P.C. P.C. P.C. 1. After some discussion at bar, the learned counsel for the appellant seeks to withdraw the appeal with liberty to press the request before the trial Court for appointment of commissioner and appeal stands disposed off as withdrawn with aforesaid liberty. If such request is made, it shall be considered on its own merits and the trial Court shall expedite the hearing and shall dispose off the Notice of Motion as early as possible. 2. As the appeal itself has been disposed off, civil application does not survive and stands disposed off accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)