1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.94 OF 2009 WITH CIVIL APPLICATION (ST) NO.25212 OF 2008 IN APPEAL FROM ORDER (ST) NO.25209 OF 2008 Fatima Yusuf Shaikh ..Applicant V/s Mrs.Mebal Domnic D'souza & anr. ..Respondents Mr.K.P.Reshma Ravi, Advocate, for the applicant Mr.A.S.Malvankar, Advocate, for the respondent No.1 CORAM : R.M.SAVANT, J. DATE : 21ST MARCH, 2009 P.C. . The above Civil Application has been filed for condonation of delay of ten days in filing the Appeal from Order which has been filed impugning the orders passed by this Court dated 20th August, 2008 and 11th September, 2008, refusing to condone the delay in filing the Written Statement. 2 2. Looking to the challenge raised in the above Appeal from Order, the learned counsel for the applicant seeks withdrawal of the Civil Application as well as Appeal from Order with liberty to file appropriate proceedings to challenge the impugned order. Civil Application as well as Appeal from Order are accordingly allowed to be withdrawn with liberty as prayed for. 3. In view of the withdrawal of the above Civil Application No.94 of 2009 as well as Appeal from Order (ST) No.25209 of 2008, Civil Application (ST) No.25212 of 2008 does not survive and the same is accordingly disposed of. (R.M.SAVANT, J.)