1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 837 OF 2007 Vithal Shankar Galande & ors.......Appellant. versus Gulmohar Development & ors....... Respondents. Mr. S.M. Gorwadkar for the Applicant Ms. Lalita Panchakshari for the Respondent 1. CORAM; A.P. DESHPANDE, J. DATED; 13TH AUGUST, 2008. P.C.: 1. The learned counsel for the appellant seeks permission to withdraw the appeal by stating that the Plaintiff proposes to move an application seeking amendment to the Plaint as the pleadings are not elaborate and comprehensive. In the result, the appeal is dismissed as not pressed. The learned counsel further seeks liberty to apply afresh under Order XXXIX Rule 1 and 2. If permissible in law, the appellant may make such an application and if such an application is made, the trial Court shall decide the same in accordance with law. (A.P. DESHPANDE, J)