LPA 236/10 in WP 8602/09 with CA 11419/10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO.236/2010 IN WRIT PETITION NO.8602/2009 WITH CIVIL APPLICATION NO.11419/2010 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri G.K. Naik-Thigle, Advocate for appellant. CORAM: D.B. BHOSALE & R.M. BORDE, JJ. Date: 31.01.2011 Heard learned counsel for the appellant. In this appeal, the appellant has challenged the orders by which his application seeking permission to lead secondary evidence in respect of the receipt of payment dated 23.3.2005 has been finally dismissed. Learned counsel for the appellant submits that the appellant would be satisfied if she is given liberty to challenge LPA 236/10 in WP 8602/09 with CA 11419/10 2 the said order in an appeal, that will be filed by her in the event her suit is dismissed by the trial Court, and that if she is so allowed, he has instructions to withdraw the present appeal. The appeal is disposed of as withdrawn with liberty as prayed. In view of withdrawal of the appeal, Civil Application No.11419/2010 does not survive and disposed of as such. (R.M. Borde, J.) (D.B. Bhosale, J.) Dt/- 31.01.2011 ndk/c3111110