-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 431 OF 2008 AND SECOND APPEAL NO. 590 OF 2008 ALONGWITH CIVIL APPLICATION NO. 1084 OF 2008 IN S.A. NO.431 /2008 AND CIVIL APPLICATION NO. 1493 OF 2008 IN S.A. NO. 590/2008 Bharatbhai Kashibai Patel .. Appellant. V/s. Smt.Durgabai Motiram Tamore & Ors. .. Respondents. --- Mr. S.D.Patil for the Appellant. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 30th September, 2008. DATED : 30th September, 2008. DATED : 30th September, 2008. P.C.: P.C.: P.C.: 1. Mr. S.D. Patil, the learned counsel appearing for the Appellant in both the above Appeals makes a statement that the alleged encroachment by the respondents, which was subject matter of the suit, was already removed by the Grampanchayat Vikramgad after the trial court’s decree. He further submits that in view of the above factual position, he does not want to prosecute the appeals and want to withdraw the same with liberty to -: 2 :- file a separate suit, if necessary, on a separate and distinct cause of action. 2. Leave granted with liberty as prayed for. 3. Both the Appeals are dismissed as withdrawn. 4. The civil application No. 1084/2008 and the civil application No.1493/2008 will not survive in view of the withdrawal of the respective appeals. Both the civil applications are, accordingly, disposed of as such. (R.V.MORE,J.)