: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.712 OF 2009 Jaisingh R. Nageshkar ... Appellant V/s. Rajendra S. Nageshkar & Ors. ... Respondents Mr.A.B. Borkar for Appellant Mr.Sachin Dhakephalkar for Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 18, 2009 P.C.: 1. The Appeal from Order has been preferred against the order passed below exhibit 5 in Special Civil Suit No.158 of 2009 by the Civil Judge, Senior Division, Kolhapur on 7.5.2009. By consent, the Appeal from Order is disposed of setting aside the impugned order in view of the affidavit filed by Jaisingh R. Nageshkar, the appellant herein. The undertakings contained in the affidavit are accepted. 2. Exhibit 34 which is the application filed by the plaintiff is pending before the trial Court. Prayer 4(b) of that application be decided by the trial Court. Prayer 4(a) need not be considered in view of the undertaking having been given. 3. Appeal from Order is disposed of accordingly. 4. In view of the disposal of the appeal, Civil Application No.887 of 2009 does not survive and the same is disposed of as such. : 2 :