1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.623 OF 2008 WITH CIVIL APPLICATION NO.722 OF 2008 Shri Kiran Sitaram Chavan HUF : Appellant versus Shri Nikesh Pravinchand Shah & ors. : Respondents. Shri. S.K.Shinde h/f Sagar Kasar for the Appellant. Shri. R..D.Soni i/by Ram & Co. for the Respondents. CORAM : R.M.SAVANT, J. DATED : JANUARY 05, 2009 P.C. 1. The above Appeal is a Cross Appeal filed by the original Plaintiff, which remained to be disposed of along with the companion Appeals being Appeal from Order Nos.624 of 2008 to Appeal from Order No.627 of 2008. The said companion Appeals were disposed of by a learned Single Judge of this Court by an order dated 23rd July 2008. The learned counsel appearing for the Appellant seeks disposal of the above Appeal in terms of the order dated 23rd July 2 2008. Accordingly, the Appellant is granted liberty to move the trial Court for a clarification in respect of clause (2) of the operative part of the order dated 27th March 2008 passed by the learned Civil Judge, Senior Division, Nashik in Special Civil Suit Nos.575 of 2007. The learned counsel for the Appellant prays that in the event any adverse order is passed while clarifying the said order, the liberty be given to the Appellant to challenge that order. Upon this the learned counsel for the Appellant seeks withdrawal of the above Appeal. 2. The above Appeal is accordingly allowed to be withdrawn with liberty to seek clarification in respect of clause (2) of the operative part of the order dated 27th March 2008 passed by the learned Civil Judge, Senior Division, Nashik in Special Civil Suit Nos.575 of 2007. Liberty is also reserved to the Appellant to approach this Court, in the event any adverse order is passed by the trial Court, while clarifying the said order dated 27th March 2008. 3. In view of the withdrawal of the above Appeal, the Civil Application does not survive and is disposed of as such. 3 [R.M.SAVANT, J]