1 ao1272-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1272 OF 2010 ALONGWITH CIVIL APPLICATION NO.1570 OF 2010 Smt. Sumanbai Ramdas More .. Appellant V/s. Subhash Birdichand Bedmutha & Ors. .. Respondents ..... Smt. S. R. Kumbhat for the appellant. None for the respondents. ..... CORAM : A. S. OKA, J. DATE : MARCH 9, 2011 P.C.:- Not on board. Taken on board. 2. By the impugned order, the application made by the original plaintiff under Rule 3 of Order I of the Code of Civil Procedure, 1908 has been allowed by granting permission to implead additional party. Appeal From Order is not maintainable either under Section 104 or under Order 43 of the Code of Civil Procedure, 1908. Hence, Appeal From Order is liable to be dismissed as not maintainable. The learned counsel appearing for the appellant therefore seeks permission to 2 ao1272-10 withdraw the Appeal with liberty to file appropriate proceeding. Hence, Appeal From Order is dismissed as withdrawn with liberty as prayed. 3. All contentions of the parties are kept open. 4. Civil Application No.1570 of 2010 does not survive and the same is also disposed of. JUDGE