IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO.152 OF 2008 APPEAL NO.152 OF 2008 APPEAL NO.152 OF 2008 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Office Office Office Notes, Office Notes, Office Notes, Office Court’s Court’s Court’s or Judge’s or Judge’s or Judge’s Memoranda Memoranda Memoranda of Coram, of Coram, of Coram, order order order appearance, appearance, appearance, Court’s orders Court’s orders Court’s orders or or or directions & Registrar’s directions & Registrar’s directions & Registrar’s orders orders orders Mr.Mohan Mr.Mohan Mr.Mohan Pungaliya for Applicant Pungaliya for Applicant Pungaliya for Applicant Coram: Coram: Coram: A.S.Oka,J A.S.Oka,J A.S.Oka,J Date: Date: Date: 31st January, 2008 31st January, 2008 31st January, 2008 1. 1. 1. Learned counsel for the Learned counsel for the Learned counsel for the appellant appellant appellant states that a Civil suit states that a Civil suit states that a Civil suit for for for challenging the acquisition challenging the acquisition challenging the acquisition proceedings proceedings proceedings is not maintainable. He is not maintainable. He is not maintainable. He states states states that he may be permitted to that he may be permitted to that he may be permitted to withdraw withdraw withdraw the appeal with a liberty the appeal with a liberty the appeal with a liberty to to to file appropriate proceedings for file appropriate proceedings for file appropriate proceedings for challenging challenging challenging the acquisition. In the acquisition. In the acquisition. In view view view of the findings recorded by the of the findings recorded by the of the findings recorded by the trial trial trial Court, the said request Court, the said request Court, the said request deserves deserves deserves to be accepted. to be accepted. to be accepted. Accordingly, Accordingly, Accordingly, appeal is dismissed as appeal is dismissed as appeal is dismissed as withdrawn withdrawn withdrawn with liberty as prayed. with liberty as prayed. with liberty as prayed. All All All contentions on merits are contentions on merits are contentions on merits are expressedly expressedly expressedly kept open. Appellant kept open. Appellant kept open. Appellant will will will be entitled to refund of court be entitled to refund of court be entitled to refund of court fees fees fees as per rules. as per rules. as per rules. ( A.S.Oka, J ) A.S.Oka, J ) A.S.Oka, J )