1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.544 OF 2009 IN CHAMBER SUMMONS NO.327 OF 2008 IN SUIT NO.643 OF 2007 WITH NOTICE OF MOTION NO.4093 OF 2009 IN APPEAL NO.544 OF 2009 IN CHAMBER SUMMONS NO.327 OF 2008 IN SUIT NO.643 OF 2007 Santosh Ravinder Ahluwalia and Anr. .... Appellants V/s. M/s.Tanna and Patel and Ors. ..... Respondents Mr.Niranjan Vaghela i/by M/s.Pandya and Co., for the appellants. Mr.S.P.Dalal i/by Dalal & Co., for respondent No.1. CORAM :P.B.MAJMUDAR, & R.V.MORE, JJ. DATE : DECEMBER 07, 2009 P.C. 1. It is the grievance of the appellants that by the amendment which is granted by the learned Single Judge, the plaintiff has tried to delete certain paragraphs from the original plaint by which the admissions made by the plaintiff in the plaint are treated to be taken away. According to the learned counsel for the appellants such amendments 2 could not have been granted, by which the learned Single Judge allowed certain deletion from the paragraph of the plaint, which according to him was an admission of factual aspect in the original plaint. 2. On the other hand, the learned counsel for the respondents submitted that appeal is not maintainable against the impugned order, as no rights of the parties are decided. 3. Having realized the said difficulty about the maintainability of the appeal, the learned counsel for the appellants states that the appellants would like to file Special Leave Petition before the Supreme Court against the order of the learned Single Judge. He therefore, seeks to withdraw the appeal. Permission granted. Subject to the aforesaid liberty, the appeal is disposed of as withdrawn. It is clarified that we have not expressed any opinion on the merits of the subject matter in any manner. 4. In view of the disposal of the appeal, the notice of motion No.4093 of 2009 does not survive and the same is disposed of accordingly. ( R.V.MORE, J. ) ( P.B.MAJMUDAR, J.)