-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 522 OF 2007 IN NOTICE OF MOTION NO. 3807 OF 2005 IN SUIT NO. 3177 OF 2005 Deepak Bhimrao Khadtale ... Appellant versus Ulhas Bhimrao Khadtale and others ... Respondents Mr. S.A. Vaidya for the appellant. Mr.V.P. Sawant for respondent No.1. Mr. Milind Vasudeo, instructed by M/s. B.K. Barve & Co., for respondent Nos. 2, 4 and 5. CORAM: SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATE: OCTOBER 09, 2007. P.C. After some arguments, the learned counsel appearing for the appellants submits that the appellant may be granted liberty to withdraw this appeal with permission to move the learned single Judge in terms of the liberty granted in clause 6 (iv) of the order dated 28th June, 2007. Appeal is dismissed as withdrawn with liberty as prayed for. We also extend the time of four weeks granted in the said order by another period of four weeks from today. CHIEF JUSTICE -2- DR. D.Y. CHANDRACHUD, J.