: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.1216 OF CIVIL APPLICATION NO.1216 OF CIVIL APPLICATION NO.1216 OF 2007 2007 2007 IN IN IN APPEAL FROM ORDER NO. OF 2007 APPEAL FROM ORDER NO. OF 2007 APPEAL FROM ORDER NO. OF 2007 --------------------------------------------------------- Office notes, office : : : Memoranda of Coram, : appearances, Court’s : Court’s or Judge’s Orders orders or directions : & Registrar’s orders : --------------------------------------------------------- Shri P.S.Dani i/by M/s.Kiran Jain & Co. adv. for Applicant. Shri A.B.Ketkar, adv. for Respondent nt nt No.1. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE : 15th February, 2008. DATE : 15th February, 2008. DATE : 15th February, 2008. P.C.: P.C.: P.C.: 1. The learned counsel for the Applicant points out that the appeal against the impugned order is not tenable. The learned counsel for the applicant also concedes that the order is not appealable under Order 43 of the C.P.C. Therefore, he seeks to withdraw the civil application as well as appeal with liberty to file writ petition. In view of this civil : 2 : application as well as appeal stand disposed off with the aforesaid liberty. (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)