- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.706 OF 2007 IN NOTICE OF MOTION NO.3547 OF 2006 IN SUIT NO.1892 OF 1984 Balwant P.Upadhyay & Ors. .. Appellants (Org.Plaintiff Nos.1 to 9, 14 to 20 & 24.) Vs. The Municipal Corporation of Greater Bombay & Ors. .. Respondents (Defendants) -- S/Shri Joquim Reis i/b G.S.Manasawala for the appellants. Shri K.N.Gaikwad for the respondent Nos.1 and 2. Shri Alok Bagla i/b Bagla Dandekar & Co. for the respondent No.3. -- CORAM : SRI R.M.S.KHANDEPARKAR & SRI P.B.MAJMUDAR, JJ DATED : 18TH JUNE, 2008 P.C. . Learned counsel appearing for the appellants states that in order to enable the appellants to take out a fresh notice of motion before the learned Single Judge for restoration of the suit as well as earlier notices of motion which were dismissed for default, - 2 - the appellants want to withdraw the appeal. The appeal is accordingly allowed to be withdrawn and stands disposed of. ( R.M.S.KHANDEPARKAR, J ) ( P.B.MAJMUDAR, J )