1 fa939-11 rpa FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 939 OF 2011 ALONGWITH CIVIL APPLICAITON NO. 4061 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Mr. Rameshwar N. Gite for the appellant. Mr. Girish R. Agarwal for respondent Nos. 7 and 8. CORAM : A.S.OKA, J. DATE : JUNE 20, 2011. P.C.: As the trial Court has not been passed any decree on the basis of the impugned order, the learned counsel appearing for the appellant seeks permission to withdraw the Appeal with liberty to file appropriate proceedings for challenging the impugned order. Accordingly, Appeal is dismissed as withdrawn with liberty as prayed. 2. All contentions of parties on merit are kept open. 2 fa939-11 3. Appellant will be entitled to refund of Court fees as per Rules. 4. Civil Application No. 4061 of 2010 does not survive and the same is disposed of. (A.S.OKA, J)