ash 1 46ao-1036.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO. 1036 OF 2010 Mrs. Shobhana Madhukar Patil. .. Appellant Vs Mr. Amiruddin Jabir Ali & Ors. .. Respondents -- Shri A.A. Kumbhakoni i/by Shri T.M. Joshi for the Appellant. Shri G.S. Godbole i/by Shri Pratap Patil for Respondent Nos.1 and 2. -- CORAM ; A.S. OKA, J DATED : 30TH MARCH, 2011 P.C. . Heard learned counsel appearing for the Appellant and the learned counsel appearing for the Respondent Nos.1 and 2. 2. As of today, there is no material on record to show that the concerned Respondents have consumed and/or are attempting to consume the FSI of the land below the row-house purchased by the Appellant-Plaintiff. 3. In view of this factual position, the learned counsel appearing for the Appellant on the instructions of the Appellant seeks permission to withdraw the Appeal with liberty to apply under Rule 4 Order XXXIX of the Code of Civil Procedure, 1908 if occasion arises in future. 4. Accordingly, the Appeal is dismissed as withdrawn with liberty as prayed. It is obvious that all contentions of the parties on merits of the ash 2 46ao-1036.10 application, if any, filed by the Appellant are kept open. 5. Civil Application No.1260 of 2010 and Civil Application No. 1754 of 2010 do not survive and the same are disposed of. ( A.S. OKA, J )