IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 4 OF 2008 APPEAL FROM ORDER NO. 4 OF 2008 APPEAL FROM ORDER NO. 4 OF 2008 WITH CIVIL APPLICATION NO. 6 OF 2008 IN NOTICE OF MOTION NO. 3612 OF 2007 IN S.C. SUIT NO. 3859 OF 2007 Sagar Shashikant Raut & Ors. ... Petitioner Versus M/s. Jayant Tipnis Consultants Pvt.Ltd. Respondent Mr.Prakash G.Lad Advocate, for the appellant. Mr.S.U.Kamdar,Senior Counsel, a/w Mr. S.M.Kazi,Advocate for the resopndent. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE : 14th February, 2008. DATE : 14th February, 2008. DATE : 14th February, 2008. P.C. P.C. P.C. 1. Heard learned Counsel for the parties. 2. The trial Court has permitted the plaintiff-respondent to complete the garage wall which is incidental to the compound wall of the building bearing NO.1050 in the sanctioned plan. Against that order, this Appeal is preferred by the original defendants. 3. At the time of hearing, Mr. Kamdar, learned Senior Counsel for the plaintiff-respondent makes a statement that the defendants can approach New Prabhadevi Road by the stilt of the building No.1050 as shown in the map. He also makes a statement that the entrance to the 15 feet wide T.P. Road from the existing building occupied by the defendants is kept open and is available for approach to the main road by car. He also makes a statement that the 15 feet wide open space between the garage bearing No.1049 and the building No.1050 will also be kept open. The statement is accepted. 4. In view of the statement, the learned Counsel for the appellant seeks to withdraw the Appeal. The Appeal stands disposed of as withdrawn. 5. As the Appeal stands disposed of, the C.A. does not survive and stands disposed of. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)