: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.936 OF 2009 IN APPEAL FROM ORDER ST. NO.17690 OF 2009 Jayesh Gajanan Pathak ... Applicant V/s. Anjali Jayesh Pathak & Os. ... Respondents Ms.Anjali S. Kulkarni for Applicant Mr.V.Y. Jadhav for Respondent No.1 CORAM: SMT.NISHITA MHATRE, J. DATED: JANUARY 12, 2010 P.C.: 1. The civil application has been filed for condoning the delay in presenting the appeal from order. The learned advocate for the respondent submits that the Appeal from Order itself is not maintainable and therefore the question of condoning the delay does not arise. The learned advocate for the applicant therefore seeks leave to withdraw the appeal from order as well as the civil application and to file appropriate proceedings to challenge the impugned order. 2. Considering the circumstances and the prayer made by the learned advocate for the appellant, the appeal from order is allowed to be withdrawn with liberty as prayed for and dismissed as such.