1 261 ao.854.05 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 854 OF 2005 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Aditya Khandeparkar i/b Khaitan and Jaykar for the Appellant. Mr. S.A.Sawant for Respondent No.4. Mr. Karan Thorat i/b Mr. G.S.Godbole for Respondent No. 5. CORAM : A.S.OKA, J. DATE : 28 th March, 2011. P.C. 1 None appears for the Appellant when the appeal is called out for final hearing. The learned counsel appearing for Respondent No.4 as well as the learned counsel appearing for Respondent No.5 are present. 2 The appeal is dismissed for non-prosecution in exercise of powers under Rule 17 of Order XLI of the Code of Civil Procedure, 1908. If the suit is pending, it is made clear that all contentions of the parties on merits are kept open and the suit will be decided on its own merits. 2 261 ao.854.05 MENTIONED 3 At 05:15 p.m., the appeal is mentioned by the learned counsel appearing for the Appellant. On the oral prayer, the order of dismissal passed earlier is recalled and the appeal is restored. The learned counsel appearing for the Appellant seeks permission to withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn. [ A.S.OKA, J ]