:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.978 OF 2005 ALONG WITH CIVIL APPLICATION NO. 1172 OF 2005 AND CIVIL APPLICATION NO. 1153 OF 2005 Shreeram Shankar Pal ...Appellant V/s M/s. Malkani Constructions and anr. ...Respondents. --- Mr. Anil Singh with Mr. Mahendra Yadav for the appellant. Mr. S.S. Shah with Mr. Prashant Kulkarni i/b Zohair & Co. for the respondents. --- CORAM: V.M.KANADE,J. DATE : 26th October, 2005 P.C. 1. The learned Counsel for the appellant seeks permission to withdraw the appeal. 2. Appeal is allowed to be withdrawn. However, liberty is granted to the appellant to make an application in the Trial Court to amend the plaint and the notice of motion. Respondents are entitled to challenge the application for amendment. :2: 3. In view of withdrawal of appeal, Civil Applications taken out therein do not survive and the same are also accordingly disposed of. V.M. KANADE, J.