- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 580 OF 2009 WITH CIVIL APPLICATION No. 703 OF 2009 Shantilal Padiyal & Ors. ... Appellants Vs. Mun. Corporation of Gr. Mumbai & Anr. ... Respondents Mr. J. J. Shah, for appellants. Ms. Soraankar, for respondent No.1 . CORAM : R. V. MORE, J. DATE : JUNE 15, 2009. PC :- 1. The learned counsel for the appellant seeks to withdraw the appeal, since Notice of Motion No. 314 of 2009 pending before the trial Court is scheduled to be heard on 20th June 2009. Leave is granted. Appeal is dismissed as withdrawn. 2. The learned counsel for the appellant seeks direction for expeditious hearing of the Notice of Motion. The learned counsel for the respondent No.1 makes a statement that respondent No.1 shall file affidavit-in reply to the said Notice of Motion before 20th June, 2009. In the interest of justice, the trial Court is directed - 2 - to decide the appellant’s Notice of Motion as expeditiously as possible, preferably within 4 weeks thereafter. 3. Needless to mention that Notice of Motion be decided by the trial Court independently on its own merit and without being influenced by the observations made in the impugned order. 4. In view of withdrawal of the present appeal, Civil Application No. 703 of 2009 does not survive for consideration and the same is accordingly disposed of. Sd/- [ R. V. MORE, J.]