IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO. 123 OF 2010 Usman Gani Nazir Ahmed Shaikh ...Appellant. v. Mukhtar Ahmed Mumtaz Ali & Ors. ...Respondents. Mr. R.Shaikh, adv. For the Appellant. Mr. Anil C. Singh i/by Ashwin R. Singh, advs. For the Respondent Nos.1 & 6. CORAM : J.H. BHATIA, J. DATED : MARCH 29, 2010 P.C. 1 In view of the Bombay Amendment in Order 43 Rule 1(r) the appeal against rejection of the application under Order 39 Rule 2(A) is not tenable. Therefore, the learned counsel for the appellant seeks to withdraw the appeal with liberty to take appropriate action under the law. 2 Appeal stands disposed off as withdrawn with the aforesaid liberty. (J.H. BHATIA,J.)