- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO.176 OF 2009 in FAMILY COURT APPEAL (ST) NO.16277 of 2009 Mr.Jaywant Rajaram Sawant ... Applicant vs Ms Janhavi Jaywant Sawant ... Respondent .. Mr.Jagdish Jayale for Applicant CORAM: P.B.MAJMUDAR AND R.V.MORE, JJ DATE: JULY 24, 2009 P.C. 1. After arguing this matter for a considerable time, learned counsel for the applicant states that the applicant has subsequently preferred an application for restoration of the original proceedings as the decree is ex parte. It is submitted that his application for setting aside the decree is also dismissed for default and now the applicant would like to file a fresh application for setting aside the order dismissing the application for default. 2. The learned counsel for the applicant states that he wants to withdraw this application. The learned counsel states that he is making this statement on the - 2 - basis of instructions received from his client who is present in court. We just simply record the statement of the learned counsel for the applicant and dismiss this Civil Application as withdrawn. In view of the orders in Civil Application, registration of the First Appeal is refused and the appeal accordingly does not survive. R.V.More, J P.B.Majmudar, J - 3 -