: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.909 OF 2003 SECOND APPEAL NO.909 OF 2003 SECOND APPEAL NO.909 OF 2003 WITH WITH WITH CIVIL APPLICATION NO.1404 OF 2003 CIVIL APPLICATION NO.1404 OF 2003 CIVIL APPLICATION NO.1404 OF 2003 Laxman Kedu Jadhav ...Appellant V/s. Bashir Dayamiya Maniar ...Respondent Mr.V.Z. Kankaria, Advocate, for the Appellant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 12TH FEBRUARY, 2008. DATE : 12TH FEBRUARY, 2008. DATE : 12TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Not on board. Taken on board. 2. Learned Advocate for the appellant seeks permission to withdraw the Appeal. Appeal is accordingly dismissed as withdrawn. Appellant will be entitled to refund of Court fees as per rules. 3. In view of dismissal of the Appeal, Civil Application No.1404 of 2003 does not survive and the same is disposed of. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]