1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1360 OF 2008 IN APPEAL FROM ORDER (ST) NO.25296 OF 2008 M/s.Sagar Shopping Developers ..Applicants V/s Rampratapsingh s/o. Rajdeosingh Harbans Singh ..Respondents & ors Mr.Naveen Parekh i/b.M/s.Thakore Jariwala & Associates, Advocate, for the applicants Mr.V.V.Thorat, Advocate, for the respondent No.1 Mr.Shailesh More, AGP, for the respondent No.3 Smt.K.K.Sooran, Advocate, for the respondent Nos.4 & 5/BMC CORAM : R.M.SAVANT, J. DATE : 29TH JANUARY, 2009 P.C. . The above Civil Application has been filed by the applicant i.e.the original defendant No.5 in this suit for condonation of delay of 1960 days. The learned counsel for the applicants submits that in view of the order passed in Appeal from Order No.1082 of 2008, he does not press the Civil Application which is accordingly dismissed as 2 withdrawn. 2. In view of the order passed in the instant Civil Application, the appeal filed by the appellant/defendant No.5 does not survive and is accordingly disposed of as such. (R.M.SAVANT, J.)