: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 SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.495 OF 200 CIVIL APPLICATION NO.495 OF 200 CIVIL APPLICATION NO.495 OF 2008 IN IN IN APPEAL FROM ORDER NO.85 OF 2008 APPEAL FROM ORDER NO.85 OF 2008 APPEAL FROM ORDER NO.85 OF 2008 Milind Moreshwar Kowli ...Applicant. v. Mr.Bharat Vora ...Respondent. Mr.R.A.Thorat with Mr.R.D.Thorat , advs. for the Applicant. Mr.G.S.Godbole , adv. for the Respondent. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 13th June, 2008. DATE: 13th June, 2008. DATE: 13th June, 2008. P.C. P.C. P.C. 1. When the Appeal From Order No.85 of 2008 was heard by this Court on 31st January, 2008, the learned counsel for the plaintiff/respondent therein had made a statement that if certified copy of the registered conveyance deed in favour of Manohar Bhaskar Koli, through whom the defendant claimed the property, would be produced, the plaintiff would withdraw the suit. That statement was recorded and the matter was adjourned. However, by this application, the applicant, who was plaintiff/respondent seeks to withdraw that statement on the ground that he had not given any such instructions to his advocate and without instructions from him, that statement was made. In view of this stand, notice was issued to Mr.Shashipal Shankar, who :2: had appeared for the plaintiff/respondent and had made that statement in the Appeal From Order No.85 of 2008. Mr.Shashipal Shankar has filed his affidavit explaining circumstances in which he had made that statement. His affidavit clearly shows that not once but repeatedly he had explained to the plaintiff/respondent and upon due instructions from him, he had made that statement. Taking into consideration the affidavit filed by Mr.Shashipal Shankar, advocate, I find no substance in the contention of the plaintiff/respondent in the present application. 2. Therefore, the application stands rejected. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)