-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 334 OF 2009 APPEAL FROM ORDER NO. 334 OF 2009 APPEAL FROM ORDER NO. 334 OF 2009 ALONGWITH ALONGWITH ALONGWITH CIVIL APPLICATION NO. 404 OF 2009 CIVIL APPLICATION NO. 404 OF 2009 CIVIL APPLICATION NO. 404 OF 2009 IN A.O. NO. 334 OF 2009 Ganpat Baban Mhatre .. Appellant. V/s. 1. Chandrakant Kaluram Patil & Anr. .. Respondents. --- Mr.Samir A. Vaidya for the Appellant. ---- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 24th APRIL, 2009 DATED : 24th APRIL, 2009 DATED : 24th APRIL, 2009 P.C. : P.C. : P.C. : 1. Mr. Vaidya, learned counsel for the appellant seeks leave to withdraw the Appeal with liberty to file application in the trial court for demarcation of the suit plot, namely, the plot no. 128/B, Sector 13, admeasuring 199.20 sq. meters. 2. Leave with liberty as prayed for is granted. 3. In the event of making the application, as aforesaid, by the applicant, the trial court shall dispose it of independently on its own merit as expeditiously as possible. -: 2 :- 4. Appeal from Order is disposed of as withdrawn. In view of this, civil appliction no. 404/2009 will not survive and the same is disposed of as such. (R.V.MORE,J.) .....