1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICCTION APPEAL FROM ORDER NO. 333 OF 2003 APPEAL FROM ORDER NO. 333 OF 2003 APPEAL FROM ORDER NO. 333 OF 2003 IN NOTICE OF MOTION NO. 607 OF 2003 IN BCCC SUIT NO. 163 OF 2001 Shri Kunjumon Charuvil Koshy ... Appellant (Org.Plaintiff) vs. The Brihanmumbai Municipal Corporation & Ors. ... Respondents (Org.Defendants) None for the appellant. Mr. Rajesh Singh i/b. S.K.Dubey for Respondent Nos. 3 and 4. Mrs. K.K.Soraan for B.M.C. CORAM: S.P.DAVARE,J. CORAM: S.P.DAVARE,J. CORAM: S.P.DAVARE,J. DATE: 12th February, 2009. DATE: 12th February, 2009. DATE: 12th February, 2009. P.C. P.C. P.C. 2 1. The learned Counsel for respondent No.4 makes a statement that the Suit No.163 of 2001 in which the appellant had preferred Notice of Motion No. 607 of 2003 in which order was passed which is challenged in the present A.O. itself has been withdrawn by the appellant-plaintiff on 28th June, 2006 and produced a copy of the certified copy thereof. The same is taken on record and marked Exhibit "A". 2. Hence, in view of the said position, nothing survives in the present A.O. and therefore the same stands disposed of accordingly. (S.P.DAVARE,J.) (S.P.DAVARE,J.) (S.P.DAVARE,J.)