IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.551 OF 2009 WITH CIVIL APPLICATION NO.664 OF 2009 Dilip Kashinath Desai ....Appellant Versus Municipal Corporation of Greater Bombay ....Respondent Ms. Radhika Samant i/b. M.N.Havnur, Advocate for the Appellant. Mrs. K.K.Soraan for B.M.C.. CORAM : R. V. MORE, J. DATE : 22nd JUNE, 2009. P.C. : Learned Counsel for the Appellant, seeks leave to withdraw the Appeal from Order, since the same was filed only against refusal of ad-interim injunction and the notice of motion is not heard on merits. Leave as prayed for, is granted. The Appeal from Order is disposed of, as withdrawn. 2. In the interest of justice, the learned Trial Judge is requested to dispose of the Appellant’s notice of motion as expeditiously as possible and preferably within a period of three months from the date of receipt of this order. Needless to mention that the same will be disposed of, independently on its own merit and without being influenced by the impugned order. 3. In view of the disposal of the Appeal from Order, the Civil Application No. 664 of 2009, will not survive and therefore, the same is disposed of. sd/- (R. V. MORE, J.)