FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1707 OF 2009 WITH CIVIL APPLICATION NO. 4355 OF 2009 IN FIRST APPEAL NO. 1707 OF 2009 [Nandkumar Ganpat Phalke D.H. Pratima @ Ashwini Nandkumar Phalke & anr. V/S. Vasudev Shobraj Rao] _____________________________________________________________________________________ Office Notes, Office Memoranda of : Coram, appearances, Court s orders : ’ or directions and Registrar s’ : Court s or Judge s orders ’ ’ orders : _____________________________________________________________________________________ Mr. A.Y. Sakhare i/by. YKS Legal, adv.for appellants. Respondent and advocate absent. CORAM : SMT. R.P. SONDURBALDOTA, J. DATED : 26TH NOVEMBER 2009. PC :- 1. Mr.Sakhare concedes that the appeal is not maintainable as the decree challenged in the Appeal is under Section 6 of The Specific Relief Act, 1963 and seeks to withdraw the Appeal. The Appeal is allowed to be withdrawn with liberty to the appellants to file appropriate proceedings to challenge the impugned order. 2. With the withdrawal of the Appeal, Civil Application No.4355 of 2009 taken out for stay does not survive. The same is accordingly disposed off. (Judge)