- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 629 OF 2009 WITH CIVIL APPLICATION No. 786 OF 2009 Ovaish M. Kadiwalla ... Appellant Vs. Baba Pratap Yadav & Ors. .... Respondents Mr. Manoj P. Mhatre, for appellant. Mr. Manoj Upadhaye, for respondent No.1. CORAM : R. V. MORE, J. DATE : JUNE 29, 2009. PC :- 1. The learned counsel for the appellant states that motion taken out for setting aside the order dated 28th April 2009 passed in Chamber Summons No. 79 of 2009, under which appellant was impleaded as party respondent before the trial Court is pending. He further submits that by the order impugned in the appeal, appellant is restrained from creating third party interest in the suit property till he files say to the Notice of Motion taken out by the respondent Nos. 1 and 2. 2. The learned counsel for the appellant submits that he - 2 - will file say to the Notice of Motion taken out by respondent Nos. 1 and 2 for injunction within a period of one week and thereafter the present Notice of Motion and earlier Notice of Motion, taken out for setting aside the order dated 28-4-2009 may directed to be heard and decided together, expeditiously and if this course is adopted, he will not press the appeal. The learned counsel for the respondent Nos. 1 and 2 has no objection if this course is adopted. In the aforesaid facts and circumstances, appeal is disposed of as not pressed. 3. The learned trial Court, however, in the interest of justice is directed to decide both the Notice of Motions namely Notice of Motion taken out by the appellant for setting aside the order dated 28th April 2009 and the Notice of Motion taken out by the respondent Nos. 1 and 2 for injunction together, as expeditiously as possible and in any case within a period of 4 weeks from the date of receipt of this order. 4. In view of disposal of the appeal, Civil Application No. 786 of 2009 does not survive for consideration and the same is accordingly disposed of. Sd/- [ R. V. MORE, J.]