1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 45 OF 2009 IN APPEAL (L) NO. 656 OF 2008 IN NOTICE OF MOTION NO. 164 OF 2005 IN SUIT NO. 3320 OF 2003 Malti Madhav Desai , .. Appellant. Vs. Municipal Corporation of Greater Mumbai & Ors. .. Respondents Mr. Vagish Mishra i/by M/s. Bhandary & Bhandary for the appellant. Mr. S.S. Pakale with Sonawane Patil for the respondent nos. 1 to 3. Ms. Mamia Shah for respondent nos. 4 to 6. CORAM : J. N. PATEL & SMT. R.P. SONDURBALDOTA, JJ DATE : 15TH SEPTEMBER, 2009 2 P.C. : The learned counsel for the appellant original plaintiff – says that he has instructions not to prosecute the appeal and in view of that he seeks to withdraw Notice of Motion No. 164 of 2005 which is taken out for seeking condonation of delay in preferring the appeal. Permitted to withdraw. The Notice of Motion No. 164 of 2005 stands dismissed as withdrawn. ( J. N. PATEL, J) (SMT. R.P. SONDURBALDOTA, J.)