-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.104 OF 2008 IN NOTICE OF MOTION NO.4735 OF 2007 IN SUIT NO.2361 OF 1994 Anant Chimanlal Bhatt ).. Appellant Versus Digant C. Bhatt and others ).. Respondents Mr. S.M. Khaire for the Appellant. Mr. H.V. Chande for Respondent No.5. CORAM: SWATANTER KUMAR, C.J. & V.M . KANADE, J. DATED: JUNE 03, 2008. P.C. The present Appeal is directed against the Order dated 20th December 2007. Keeping in view the language of the Order, we have a serious doubt as to the very maintainability of the present Appeal. 2. Be that as it may, the learnerd Counsel appearing for the Appellant submits that he had filed a detailed affidavit before the -2- learned Single Judge and the present Suit had been ordered to be expedited by two different Orders and as the hearing of the Suit could not proceed, the Notice of Motion was taken out. Keeping in view the peculiar facts and circumstances of the case, he prays for leave to withdraw this Appeal with liberty to make a mention before the learned Single Judge for bringing these facts to the notice of the concerned Court. 3. Appeal disposed of as withdrawn. Liberty as prayed for granted. CHIEF JUSTICE V.M. KANADE, J.