-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1070 OF 2008 APPEAL FROM ORDER NO. 1070 OF 2008 APPEAL FROM ORDER NO. 1070 OF 2008 ALONGWITH ALONGWITH ALONGWITH CIVIL APPLICATION NO. 1316 OF 2008 CIVIL APPLICATION NO. 1316 OF 2008 CIVIL APPLICATION NO. 1316 OF 2008 IN A.O. NO. 1070 OF 2008 Shri Madhukar Shankar Pattekar .. Appellant. Keshavlal Harilal Tank (Org.Plaintiff) V/s. 1. Sau. Laxmibai Baburao Kasture & Anr. .. Respondents. --- Mr.N.J. Patil for Appellant. Mr.R.S. Alange for the Respondents. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 13th APRIL, 2009 DATED : 13th APRIL, 2009 DATED : 13th APRIL, 2009 P.C. : P.C. : P.C. : 1. Mr. Patil, learned counsel for the appellant submits that against the impugned order, an appeal will lie to the lower appellate court i.e. the district court, as valuation of the suit is Rs. 1,23,000/-. The statement is not disputed by the learned counsel for the respondents. 2. Mr. Patil learned counsel for the appellant in view of the above position, seeks leave to withdraw the Appeal with liberty to file appeal before the concerned District Court. Leave as prayed for is granted. -: 2 :- 3. In view of the withdrawal of the Appeal,nothing survives in the civil application no. 1316/2008 and the same is also disposed of as such. However, in the interest of justice interim order granted on 18.10.2008 in the above A.O. is continued for a period of three weeks. (R.V.MORE,J.) .....