:1: bgp bgp bgp IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION CIVIL CIVIL CIVIL APPLICATION APPLICATION APPLICATION NO.709 OF 2009 NO.709 OF 2009 NO.709 OF 2009 IN IN IN WRIT WRIT WRIT PETITION PETITION PETITION NO.5465 OF 2008 NO.5465 OF 2008 NO.5465 OF 2008 Wencil Gonsalves ..Applicant Vs. Morris Jafarine Fonseca & Ors. ..Respondents Mr.Suresh Patil for applicant. Mr.Yogendra Kanchan i/b.Vijay B.Dhingreja for respondents. CORAM CORAM CORAM :- V.C.DAGA,J. :- V.C.DAGA,J. :- V.C.DAGA,J. DATE DATE DATE : 6TH MAY,2009 : 6TH MAY,2009 : 6TH MAY,2009 P.C. P.C. P.C. . On the motion made by learned Counsel for applicant, application is allowed to be withdrawn and dismissed as such with liberty to take appropriate steps as may be available in law. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.)