1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 745 of 2008 WITH CIVIL APPLICATION NO. 1894 of 2008 in SA 745/08 Murlidhar Dharmaji Jagtap ...Appellant v/s. Smt. Chandrabai L. Jagtap ...Respondents Shri S.P. Thorat for the petitioner. Shri Mandar Kulkarni i/b. Shriram Kulkarni for the respondents CORAM:- A.M.KHANWILKAR, J DATED:- September 11, 2009. P.C. Counsel for the Appellant fairly accepts that second appeal is not maintainable. Hence, request is made for liberty to withdraw this Appeal so that the appellant can file appropriate proceedings against the impugned decision. 2. Accordingly, Appeal is allowed to be withdrawn with liberty as prayed. Counsel for the Respondent in all fairness submits that the ground of proposed proceedings is barred by limitation will not be pressed by the Respondents and 2 they would proceed with hearing of the proposed matter on merits. 3. In view of this order, Civil Application is disposed of. (A.M.KHANWILKAR, J)