IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.415 OF 2009 WITH CIVIL APPLICATION NO. 500 OF 2009 Mr. Kishorilal S/o. Late Gaurishankar Lath ....Appellant Versus Mr. Vinodkumar S/o. Late Gaurishankar Lath & Ors. ....Respondents. Shri A. M. Saraogi for the Appellant. CORAM : R. V. MORE, J. DATED : 9TH APRIL, 2009. P.C. Mr. A.M.Saraogi, the learned Counsel for the Appellant, seeks leave to withdraw the Appeal from Order with liberty to file an application for temporary injunction restraining the Respondent No.5 from creating third party interest in the property mentioned in the prayer (a) of the Notice of Motion No.547 of 2006. Leave with liberty as prayed for, granted. In the event of filing of the above said application, the same shall be disposed of independently and on its own merit, without being influenced by the impugned order. The Appeal is disposed of, as withdrawn. In view of the withdrawal of the appeal, the Civil Application No.500 of 2009 will not survive and therefore, the same is also disposed of. (R. V. MORE, J.)