SM 1 26.ao.750.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 750 OF 2010 WITH CIVIL APPLICATION NO. 939 OF 2011 IN APPEAL FROM ORDER NO. 750 OF 2010 Indrajit U. Mishra ....Appellant. Versus Sabhajit U. Mishra ....Respondent. ____________ Mr.Pramit K. Mishra for the Appellant. Mr. Rajesh Singh for the Respondent. CORAM: R. M. BORDE, J. DATED : NOVEMBER 17, 2011. P.C.: An objection raised under Section 9A of CPC as regards the maintainability of the suit has been considered by the Trial Court and the Trial Court has recorded the finding that the suit is maintainable. An appeal against the order passed under Section 9A is not competent. As such, the Counsel appearing for the appellant seeks leave to withdraw the Appeal from Order with liberty to file appropriate proceedings. Leave is granted with liberty as prayed for. 2. Appeal from Order stands disposed of as withdrawn with liberty to file fresh proceedings. In view of disposal of the Appeal from Order, pending Civil Application does not survive, and stands disposed of. (R. M. BORDE, J.)