ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO. 8092 OF APPEAL NO. 8092 OF APPEAL NO. 8092 OF 2007 2007 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.A.Mirza for the appellants. Mr. P.S.Dani for the respondents. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 17th July, 2007 : 17th July, 2007 : 17th July, 2007 P.C. P.C. P.C. 1. In the preliminary decree, issue raised by the learned counsel appearing for the appellant, is maintainability of this appeal against the non granted of mesne profit while passing the order and judgment. Considering the facts and circumstances of the case, without observing anying in the matter, the appeal as filed by the appellant is permitted to be ( 2 ) withdrawn with liberty to file and or raise cross objection. 2. Therefore, the First appeal is disposed off, as withdrawn with liberty. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]