vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.193 OF 2008 APPEAL NO.193 OF 2008 APPEAL NO.193 OF 2008 IN NOTICE OF MOTION NO.3679 OF 2007 IN SUIT NO.2715 OF 2007 Vimal Builders ... Appellant V/s. Nand Kumar Anant Vaity & Ors. ... Respondents Mr.Sandip Bhimkar i/b M/s.Wadia Gandhy & Co. for Appellant CORAM: S.B. MHASE & S.B. MHASE & S.B. MHASE & SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: JULY 8, 2008 JULY 8, 2008 JULY 8, 2008 P.C.: P.C.: P.C.: . The learned Counsel for the appellant states that he may be allowed to withdraw the appeal since it does not survive. Appeal is accordingly allowed to be withdrawn and dismissed as such. (NISHITA MHATRE, J.) (S.B. MHASE, J.)