IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 579 OF 2009 IN CIVIL APPLICATION NO.701 OF 2009 Shri Ganesh Dhisulal Soungar & Ors. .....Appellants Versus Shri Balwant Mahadev Datar & Ors. .....Respondents Mr. D. M. Gupte for the Appellants. CORAM : R. V. MORE, J. DATE : 22nd JUNE, 2009. P.C. : Learned Counsel for the Appellants, seeks leave to withdraw the Appeal from Order with liberty to file appropriate proceedings in appropriate court, challenging the notice under Development Control Rules. Leave with liberty as prayed for, is granted. The Appeal from Order is disposed of, as withdrawn. 2. In view of the disposal of Appeal from Order, the Civil Application No.701 of 2009 will not survive and therefore, the same is disposed of. Sd/- (R. V. MORE, J.)