: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.28 OF 2009 Smt. Girijabai Dundaji Deshmukh .. Appellant V/s. Shreeram Tikaram Deshmukh .. Respondent ..... Mr. Mandar Limaye for the appellant Mr. S.G. Karandikar for the respondent ..... CORAM : R.Y. GANOO, J. DATE : 19TH JUNE, 2009. P.C. : 1. As the appeal was called out for admission, learned advocate Mr. Limaye appearing on behalf of the appellant submits that in view of Judgment in the case of Vithal Ramchandra Mali & etc. V/s. Smt. Laxmi Ganpati Mali & Anr. Etc. reported in AIR 2006 (Bom. 298) and judgment in the case of Manohar son of Bapurao Sapre V/s. Bhaurao son of Tukaramji Shirbhate and Anr. reported in AIR 1996 Bom.29, the appellant : 2 : would like to institute appropriate proceedings before the appropriate forum being aggrieved by the judgment and decree dated 26th June, 2008 passed by Civil Judge, Senior Division, Kalyan before appropriate forum. 2. In view of specific request, without going into merits, the appeal is allowed to be withdrawn with liberty to the appellant to institute appropriate proceedings against the judgment and decree dated 26th June, 2008 passed by Civil Judge, Senior Division, Kalyan in Special Civil Suit No.110 of 1999. 3. First Appeal is allowed to be withdrawn with no order as to costs. (R.Y. Ganoo, J.)