IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO. 254 OF 2007 APPEAL FROM ORDER NO. 254 OF 2007 APPEAL FROM ORDER NO. 254 OF 2007 WITH WITH WITH CIVIL CIVIL CIVIL APPLICATION NO. 368 OF 2007 APPLICATION NO. 368 OF 2007 APPLICATION NO. 368 OF 2007 AMBERNATH MUNICIPAL COUNCIL THROUGH ITS CHIEF OFFICER. ..APPELLANT (ORIG.DEFENDANT) V/S M/S. V.R. PANVELKAR THROUGH ITS PROPRIETOR VISHWANATH R. PANVELKAR ..RESPONDENT (ORIG.PLAINTIFF) Mr. Balkrishna D. Joshi, Advocate, for the appellant. None for the Respondent. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 30th April, 2008. DATE: 30th April, 2008. DATE: 30th April, 2008. P.C. P.C. P.C. 1. The learned counsel for the appellant seeks to withdraw the Appeal as it is not tenable under order 43 of the Civil Procedure Code with liberty to take appropriate proceedings. : 2 : 2. The Appeal stands disposed of as withdrawn with aforesaid liberty. 3. As the Appeal itself is disposed of, the Civil Application does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)