1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Appeal No. 181 OF 2007 IN Notice of Motion No. 451 of 2007 in Suit No. 2412 of 2007. Rizvi Estates & Hotels Private Ltd. ... Appellants vs. Khushru Phiroshah Patel & Ors. . Respondents Mr. D. D. Madon, Senior Advocate i/b. M. J. Shetty for appellants. Mr. R.A. Dada, Senior Advocate, with Mr. J.P. Sen i/b. Federal & Rashmikant for respondents CORAM: R.M.S. KHANDEPARKAR AND D. G. KARNIK JJ. DATE: April , 4, 2007 P.C.: 1. The learned advocate for the appellants states that the appellants wants to move before the learned Single Judge to bring on record certain facts which were not on record when the impugned order was passed and for that purpose the appellants want to withdraw the appeal at this stage. Accordingly the appeal is allowed to be withdrawn and stands disposed of. 2. In view of the withdrawal of the appeal Notice of Motion No. 451 of 2007 does not survive and stands disposed of. (R.M.S. KHANDEPARKAR J.) (D. G. KARNIK J.)