- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUATION SHEET. CONTINUATION SHEET. CONTINUATION SHEET. APPEAL APPEAL APPEAL FROM ORDER NO.520 OF FROM ORDER NO.520 OF FROM ORDER NO.520 OF 2005 2005 2005 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 26,2005. : APRIL 26,2005. : APRIL 26,2005. P.C.: P.C.: P.C.: 1. Shri Patil for the Appellants states that as the original Application on which the impugned order is passed was under Order XXXIX Rule 2(A) of Code of Civil Procedure, 1908, the Appeal from Order may not be maintainable in view of Bombay Amendment to the Provisions to Order XLIII Rule 1(r) of the said Code. He, therefore, seeks permission to withdraw the Appeal with liberty to file appropriate proceedings for challenging the impugned order. 2. Accordingly, Appeal from Order is dismissed as withdrawn with liberty as prayed. No order as to costs. - 2 - JUDGE. JUDGE. JUDGE.