1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 215 OF 2009 IN SUIT NO. 961 OF 1989 Mr.Yogesh Shah Ahmedabad ..Appellants and Anr. Vs. Zaveri Jiten Ramniklal Bombay ..Respondent .... Mr.Pranav Sampat i/b Thakore Jariwala & Associates for Appellants Ms.Asma Khan i/b Ms.Johan Araa-Sarkhot for Respondent .... CORAM : B.H.MARLAPALLE AND SMT.V.K.TAHILRAMANI, JJ. DATE : 15th FEBRUARY, 2010 P.C.: 1 As noted in the earlier orders passed in this application, the Motion taken out by the respondents for restoration of Suit No. 961 of 1989 for setting aside the exparte decree is already pending. The present appellants are the original plaintiffs and therefore, it would not be advisable to keep this appeal pending in these circumstances. 2 2 Hence, the appeal is disposed as withdrawn with liberty to approach this Court afresh if so warrants. 3 Refund of Court fees as per the Rules. [ SMT.V.K.TAHILRAMANI, J.] [ B.H.MARLAPALLE, J. ]