mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2090 of 2008 Gangadhar Govind Patil .. Appellant versus The Municipal Corporatin of Gr.Mumbai and others .. Respondent ... Mr.S.M. Sakhardande with C.D. Patwardhan for the appellant. Mr.P.S. Dani i/b M/s.Mehta & Co. for respondent nos.3 and 4. Mr.J.J. Xavier for respondent nos.1 and 2. CORAM : D.G. KARNIK, J DATED : 17th November 2008 P.C.: 1. Heard counsel for the applicant and counsel for the respondents. 2. Learned counsel for the applicant submits that in view of the technical defect, the original suit from which the appeal arises is likely to fail and seeks leave to withdraw the suit with liberty to challenge the actions by means of appropriate proceedings. Leave granted. Original Suit bearing Suit no.6324 of 2003 filed in the City Civil Court is permitted to be withdrawn with liberty as above. 3. In view of the withdrawal of the suit, appeal does not survive and is disposed of. However, the interim order, if any, passed by the trial court shall remain in force for a period of two weeks. (D.G. KARNIK, J)