IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.609 OF 2008 NO.609 OF 2008 NO.609 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO.1692 OF 2008 OF MOTION NO.1692 OF 2008 OF MOTION NO.1692 OF 2008 IN IN IN SUIT SUIT SUIT NO.2268 OF 2006 NO.2268 OF 2006 NO.2268 OF 2006 Smt. Bharati Kalidas Rathod ..Appellant (Orig.Plaintiff) V/s. Mr. Naresh Kalidas Rathod & Ors. ..Respondents ....... Mr. O.P. Pandey for appellant Mr. Birendra Saraf a/w Mr. Vivek Shiralkar and Mr. Sushant Chavan i/by Shivalkar & Co. for respondent No.2 ....... CORAM CORAM CORAM : SMT RANJANA DESAI & : SMT RANJANA DESAI & : SMT RANJANA DESAI & SHRI SHRI SHRI K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATE DATE DATE :16TH OCTOBER, 2008 :16TH OCTOBER, 2008 :16TH OCTOBER, 2008 P.C.: 1. Learned Counsel Mr. Pandey states that he may be permitted to withdraw the appeal. He only states that time to implead the applicants as the defendants, be extended by one week. 2. Time to implead the applicants as the defendants : 2 : is extended by one week however, it is made clear that notice of motion which is posted for hearing before learned Single Judge shall proceed. This order shall not come in the way of hearing of the motion. 3. Appeal is disposed of as withdrawn. JUDGE JUDGE JUDGE JUDGE JUDGE JUDGE