: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1094 OF 2009 M/s.Champaklal & Co. ... Appellant V/s. Maharashtra Housing & Area Development Board & Ors. ... Respondents Mr.G.S. Godbole for Appellant Mr.P.G. Lad for Respondent Nos.1 to 4 Mr.J.S. Kini for Resp. 5A to 5D CORAM: SMT.NISHITA MHATRE, J. DATED: DECEMBER 9, 2009 P.C.: 1. The appellant who is the legal heir and representative of the original plaintiff Chimanlal Chaganlal Shah states through his Counsel that he does not wish to press the Appeal from Order or the Notice of Motion from which this Appeal from Order has arisen i.e. the Notice of Motion No.1015 of 2006. However, he seeks liberty to file a fresh Motion seeking certain reliefs. 2. The statement made by the learned Counsel on behalf of the appellant is accepted. Notice of Motion is allowed to be withdrawn and dismissed as such. Appeal from Order is disposed of with liberty as prayed for. 3. In view of the Appeal from Order being disposed of, Civil application No.1346 of 2009 does not survive and the same is disposed of accordingly.