1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.211 OF 2009 WITH CIVIL APPLICATION NO.249 OF 2009 Nasruddin Kasamali Jagmagia ..Appellant V/s Mrs.Madhuben Vijaykumar Patel & Ors. ..Respondents ---- Mr.G.S.Godbole i/by Kirit J.Hakani for the appellant. Mr.S.U.Kamdar i/by M/s.Little & Co. for the respondent no.4. ---- Coram : R.S.MOHITE,J Date : 29.9.2009. PC 1 Counsel appearing for the appellant states that the appellant has come into possession of certain documents which were not available with him when the suit is filed as also when the Notice of Motion is heard. He states that he may be given liberty to withdraw his Notice of Motion and to file a fresh Notice of Motion placing on record the facts as emerge from the additional documents. Advocate for the respondent no.4 has no objection to this course of action. In the circumstances, appellant is allowed to withdraw his Notice of Motion. Consequently impugned order as well as Appeal from Order do not survive and the same stand disposed off. 2 CIVIL APPLICATION NO.249 OF 2009 Since the Appeal from Order has been disposed off as it does not survive, Civil Application also does not survive and stands disposed off. (R.S.MOHITE,J)