SRJ 1 451-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.451 OF 2010 WITH CIVIL APPLICATION NO.588 OF 2010 Sau. Saba Azad Deshmukh .. Appellant V/s. Faki I.P.Khatib .. Respondent. Shri Rajendra Sorankar, for the Appellant. Shri R.A.Thorat, for the Respondent. CORAM :J.H.BHATIA,J. DATE :6th MAY,2010 P.C.:- 1. After some discussion at bar, learned counsel for the Appellant seeks to withdraw the appeal with liberty to make amendment in the suit so as to seek partition and separate possession with the consequential relief of injunction within eight weeks. The appeal stands disposed of with aforesaid liberty. 2. It is clarified that the construction which is being made by the Respondent shall be subject to result of the suit. The Respondent shall not create any third party interest till the amendment and the Appellant shall be at liberty to move the Trial Court after amendment to seek the appropriate relief pending the suit. SRJ 2 451-10.sxw 3. As Appeal itself is disposed of, Civil Application No.588 of 2010 does not survive and stands disposed of. (J.H.BHATIA,J.)