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 JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 151 OF 2007 APPEAL FROM ORDER NO. 151 OF 2007 APPEAL FROM ORDER NO. 151 OF 2007 IN IN IN CHAMBER SUMMONS NO. 1463 OF 2006 CHAMBER SUMMONS NO. 1463 OF 2006 CHAMBER SUMMONS NO. 1463 OF 2006 IN IN IN SHORT CAUSE SUIT NO. 6647 OF 2002 SHORT CAUSE SUIT NO. 6647 OF 2002 SHORT CAUSE SUIT NO. 6647 OF 2002 WITH WITH WITH CIVIL APPLICATION NO. 223 OF 2007 CIVIL APPLICATION NO. 223 OF 2007 CIVIL APPLICATION NO. 223 OF 2007 Dinoo Dara Daruvala & Ors. .... Appellants Vs. Miss Pillo Dadabhoy Broacha .... Respondents & Ors. Mr. Sachin V. Masurkar for the Appellants. Mr. S.N. Vaishanawa, for the Respondents CORAM : SHRI. A.M. KHANWILKAR, J., CORAM : SHRI. A.M. KHANWILKAR, J., CORAM : SHRI. A.M. KHANWILKAR, J., DATE : 2ND MARCH, 2007 DATE : 2ND MARCH, 2007 DATE : 2ND MARCH, 2007 P.C. 1) This appeal from order is directed against the order passed by the trial Court on the application for amendment which order is not amenable to the provisions of Order 43 of C.P.C. Hence, the same will have to be dismissed as not maintainable. 2) At this stage, counsel for the appellants seeks permission to withdraw this appeal with liberty to take out appropriate proceeding. 2 Accordingly, appeal is dismissed as withdrawn with liberty to the appellants to take appropriate proceeding as permissible by law. 3) In view of above order, Civil Application stands disposed of. (A.M. KHANWILKAR, J.) (A.M. KHANWILKAR, J.) (A.M. KHANWILKAR, J.)