1 ao175-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.175 OF 2011 ALONGWITH CIVIL APPLICATION NO.263 OF 2011 T. P. Alexander .. Applicant V/s. Dasrath Narayan Parande & Ors. .. Respondents ...... Mr. A. M. Pungliya for the applicant. ...... CORAM : A.S.OKA, J. DATE : MARCH 3, 2011 P.C. In view of the Maharashtra amendment to Clause (r) of Rule 1 of Order XLIII of the Code of Civil Procedure, 1908, an Appeal From Order is not maintainable against the impugned order passed on application under Rule 2(A) of Order XXXIX (A) of the said Code. Section 104(1)(h) of the Code will have no application in this case. In view of this position, the learned counsel appearing for the appellant seeks permission to withdraw the Appeal with liberty to file appropriate proceedings for challenging the impugned 2 ao175-11 order. Appeal is, accordingly, dismissed as withdrawn with liberty as prayed. 2. All contentions of the parties on merits are kept open. 3. Civil Application No.263 of 2011 does not survive and the same is also disposed of. JUDGE