1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. APPEAL NO.57 OF 2007 IN NOTICE OF MOTION NO.4061 OF 2006 IN SUIT NO.3228 OF 2006 Sayed Mohamed Masood S/o Sayed Mohammed Jamadar ..Appellant. Vs. Hasmukh Desai ..Respondent. ... Shri A.M. Saraogi for the Appellant. .... CORAM: R. M. S. KHANDEPARKAR, & DR. D.Y. CHANDRACHUD, JJ. 9th February, 2007. P.C. : The learned advocate appearing for the Appellant craves leave to withdraw the Appeal. The Appeal is accordingly allowed to be withdrawn and stands disposed of as withdrawn. Liberty to the Appellant to move before the Learned Single Judge for expeditious disposal of the Notice of Motion. It is needless to say that in the facts and circumstances of the case, the Learned Single Judge may consider the application for expeditious 2 hearing sympathetically. All the issues are kept open. (R. M. S. KHANDEPARKAR, J.) (DR. D.Y. CHANDRACHUD, J.)