1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1066 OF 2010 WITH CIVIL APPLICATION NO.4276 OF 2009 IN FA/1066/10 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.Sachin Chavan i/b S.S.Kulkarni, for the appellant/applicant. CORAM : D.B.BHOSALE, J. DATED : 06/12/2010 PC: Heard learned counsel for the appellant. Learned counsel for the appellant submits that this appeal is directed against the exparte judgment and decree passed in a suit filed by the respondent for recovery of amount. He submits that after the suit was decreed exparte the appellant has filed application under Order IX rule 13 of the Code of Civil Procedure for setting aside the exparte decree and in the said application recording of evidence is going on before the trial court. He, therefore, submits that he has instructions to withdraw this appeal with T 2 liberty to the appellant to file appropriate proceedings in the event his application under Order IX rule 13 is rejected. The First Appeal is disposed of as withdrawn with liberty as prayed. All contentions of the appellant on merits are kept open. In view thereof, the civil application is also disposed of. (D.B.BHOSALE, J.)