1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL REVISION APPLICATION NO. 537 OF 2002 Laxmandas Mansukhlal Agrawal vs. Kalyan Sushilkumar Datta Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. OCTOBER 26, 2007. Heard Shri Deshmukh, learned counsel for the revision applicant. The challenge in present revision application filed under Section 115 of Code of Civil Procedure is to the judgment dated 18.2.2002 passed by 3rd Joint Civil Judge, Junior Division, Nagpur, rejecting MJC No. 18 of 2000. By said MJC filed under Section 5 of Indian Limitation Act, prayer was to condone delay in filing application for restoration of Regular Civil Suit No.2553 of 1989 dismissed in default on 23.3.1994. It is apparent that if the delay is condoned, MJC for restoration would be registered and proceeded further. As such the order does not dispose of the proceedings finally and hence Civil Revision Application against it is not maintainable. 2 Shri Deshmukh, learned counsel at this stage requests that he may be permitted to withdraw this Civil Revision Application with liberty to file such alternate remedy as is available to him in law. Nobody appears for the respondent. Looking to the circumstances, the request made by Shri Deshmukh, learned counsel for the revision applicant is granted. Civil Revision Application is allowed to be withdrawn with liberty as prayed for. JUDGE *GS.