IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.415 of 2007 ATUL CHANDRA GUPTA, son of Late Madan Lal Gupta, resident o Mohalla – Kankarbagh, P.S. – Kankarbagh, District – Patna – 800020, presently residing at 5/4 Amaltas Complex, Shahpura, P.S. – Habibganj, Town & District – Bhopal (M.P.) --------------- Plaintiff in the court below/Appellant. Versus 1. SMT.SUSHILA DEVI, wife of late Durga Prasad Sharma 2. Pramod Kumar Sharma, son of late Durga Prasad Sharma, Both residents of Baidyanath Ayurved Bhawan Ltd. Baidyanath Bhawan Road, Chirayatand, P.S. – Jakkanpur, District – Patna. 3. Smt. Kiran Tripathiu, wife of Sri Sushil Chandra Tripathi, resident of Sector 15A, House No. 27, Noida (U.P.) – 201301. 4. Smt. Kusum Dwivedi, wife of Sri Akhilesh Dwivedi, resident of Chhaya Public School, Raj Compound, Modi Nagar (U.P.) 5. Smt. Renu Dandh, wife of Sri Ashok Dandh, resident of 42 Mount Unique, 6th Floor Peddar Road, Mumbai. ---------------- Principal Defendants in the court below ----------------- Respondents 1st Party 6. Smt. Abha Jain, wife of Sri Lalit Kumar Jain, resident of 61 – 62 Booth Street, Rego Park, New York, 11374 – 1034 (U.S.A.) ----------- Proforma Defendant in the court below ----------- Proforma Respondent. ********* For the Appellant : Mr. Anil Kumar Sinha, Adv. Mr. Amresh Kumar Sinha, Adv. Mr. Shakib Ayaz, Adv. For the Respondents : Mr. Jashwir Singh Arora, Adv. Mr. Ajay Kumar, Adv. Mr. Ravi Bhatia, Adv. ********* 13. 09.07.2010 Heard learned counsel for the appellant and learned counsel for the respondents. After some argument, learned counsel for the appellant seeks permission to withdraw this appeal with a direction of this court to the court below to proceed expeditiously with the suit and preferably dispose it of within six 2 months. Learned counsel representing the respondents is also in agreement and both the learned counsels assured to cooperate the trial court in proceeding expeditiously. This appeal was preferred against order refusing the prayer of the plaintiff for ad interim injunction made under order XXXIX Rule (1)(2) of the Civil Procedure Code and here for the last three years nothing was done except adjournment being taken either individually or jointly on one or other grounds. In view of the above, this appeal stands dismissed as withdrawn, simultaneously, the trial court is directed to proceed expeditiously preferably on day to day basis, taking into consideration stage of the case, and tried to dispose it of within one year on receipt of copy of this order or communication by any means. Rajeev/ (Akhilesh Chandra, J.)