:1: FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE FAMILY COURT APPEAL NO.213 OF 2008 --------------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s orders orders or directions and Registrar’s orders --------------------------------------------------------------------- Mr.P.J. Pandit for the appellant. None for the respondent. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATED : 8TH APRIL, 2009 P.C : P.C : P.C : The learned counsel for the appellant seeks leave to withdraw the appeal with liberty to approach the Family Court a fresh, by a petition seeking divorce on the ground of desertion. 2. Leave granted and the petition is disposed as withdrawn with liberty as prayed. 3. We make it clear that any fresh petition, if so filed, will be decided on its own merits. (S.J.VAZIFDAR, J.) (B.H. MARLAPALLE, J.)