: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.715 OF 2004 IN NOTICE OF MOTION NO.4903 OF 2001 IN L.C. SUIT NO.6035 OF 2001 ------------------------------------------------------------------ Office Notes, Office Memoranda ¦ Court’s or Judge’s of Coram, appearances, Court’s ¦ Orders Order or Directions and ¦ Registrar’s Orders ¦ ------------------------------------------------------------------- Mr.H.S. Shreepadmurthy for Appellant Mr.J.Xavier for Respondent CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: OCTOBER 16, 2004 OCTOBER 16, 2004 OCTOBER 16, 2004 . The Appeal from Order has been filed against the dismissal of the Notice of Motion of the plaintiff, appellant herein. The Notice of Motion was filed before the City Civil Court for an injunction agaisnt the Respondent from taking action pursuant to the order daed 21.7.2001 of the Deputy Municipal Commissioner. The trial Court has permitted regularisation of the construction of the plaintiff to the extent of 90 sq.mtrs. Mr.Murthy for the appellant seeks to withdraw the : 2 : present appeal with liberty to approach the Deputy Municipal Commissioner for regularisation of the entire suit structure which admeasures approximately 120 sq.ft. 2. Appeal from Order is accordingly allowed to be withdrawn and dismissed as such with liberty as prayed for. The appellant may make such representation within two weeks from today which will be considered in accordance with law.