1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 278 OF 2009 WITH CIVIL APPLICATION NO. 328 OF 2009 IN APPEAL FROM ORDER NO. 278 OF 2009 Shri K. Gopal Rao .... Appellant. V/s. Shri Chandrashekar Mataprasad Shukla and Shri Om Prakash Shukla & ors. .... Respondents. Shri Paresh S. Madkaikar, Advocate for petitioner. CORAM : R.V. MORE, J. DATED : 22ND APRIL 2009. P.C. 1. Learned counsel for the appellant seeks leave to withdraw the application at exhibit 4 in S.C.Suit No. 1797 of 2006. 2 2. Leave to withdraw the said application is granted. Needless to mention that in view of the withdrawal of the said application, the impugned order passed by the Judge of the City Civil Court dated 14th January 2009, will not survive. 3. In view of the above, Apepal from Order disposed of. 4. In view of the disposal of the above Appeal from Order, the Civil Application No. 328 of 2009 will not survive and the same is accordingly disposed of. (R.V. MORE, J.)