=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.527 NO.527 NO.527 OF 2001 OF 2001 OF 2001 IN IN IN NOTICE NOTICE NOTICE OF OF OF MOTION NO.2166 OF 2000 MOTION NO.2166 OF 2000 MOTION NO.2166 OF 2000 IN IN IN SUIT SUIT SUIT NO.3011 NO.3011 NO.3011 OF 2000 OF 2000 OF 2000 Mial Paresh Shah ...Appellant v/s L.J. D’Silva and others ...Respondents Ms Mili Thakkar with Ms S.V. Thakar i/b Mr R.V. Thakkar for Appellant. Mr Sageer A. Khan for Respondent No.1. Mr M.N. Kania for Respondent No.2. CORAM CORAM CORAM : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. DATE DATE DATE : 5TH JANUARY 2009 5TH JANUARY 2009 5TH JANUARY 2009 =2= P.C.- 1. On a motion made by the learned counsel appearing for appellant, appeal is permitted to be withdrawn with liberty to take out appropriate proceedings before the learned Single Judge for modification or cancellation of the order impugned in view of the alleged subsequent development. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( A.A. SAYED J.)