1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. FIRST APPEAL NO.2156/2008 Rehan Abdul Samad Khan. ..Appellant -VERSUS- The Brihanmumbai Mahanagar Palika. ..Respondent ......... Mr.A.M.Saraogi, Advocate for the appellant. Mr.J.J.Xavier, Advocate for the respondent. .......... CORAM : A.P.DESHPANDE, J. DATED : 12TH FEBRUARY, 2009. P.C. : 1. Learned counsel for the respondent, at the outset, raises a preliminary objection to the maintainability of the appeal by pointing out that the suit structure had already been demolished rendering the appeal infructuous. 2. Learned counsel for the appellant submits that the appellant has already filed another suit making grievance about demolition of the structure and its reallotment to the third party and hence, seeks permission of the Court to withdraw the appeal. Permission granted. 3. In the result, the appeal is dismissed as withdrawn. JUDGE 2