1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 598 OF 2009 Shree Shakti Developers & Ors. .... Appellants V/s Mohan Malhotra & Ors. .....Respondents. Mr. P. K. Dhakephalkar i/b D.R. Tiwari, for the Appellants. Mr.A.V. Anturkar with Mr. Yogendra Kanchan and Mr.Vijay Dhingreja, for the Respondent Nos.1 and 2. Mr.G.M. Savagave, for Respondent nos.9 to 14. Mr. S.Rajeshwar, for Respondent no.13. CORAM: R.V. MORE, J. DATED : 18TH JUNE 2009 P.C.: 1. Mr.Dhakephalkar, learned Counsel appearing for the appellants seeks leave to withdraw the appeal, in as much as the appellants have been refused only an ad-interim reliefs and Notice of Motion is pending for final disposal on merit and same is made returnable on 22nd June 2009. Mr.Anturkar, learned Counsel appearing submits that the respondent nos.1 and 2 will file a reply to the said Notice of Motion by Monday, the 22nd June 2009. 2 2. In view of the above facts and circumstances, I grant leave to withdraw the appeal. In the interest of justice, the City Civil Court shall hear and dispose of the Notice of Motion bearing no.572 of 2009 as expeditiously as possible and in any event, within a period of two months from the date of receipt of copy of this Order. Needles to mention that the said Notice of Motion shall be disposed of independently on its own merits and without being influence by the observation in the impugned order. It is made clear, that impugned order is only ad-interim order, and same is always subject to final order that may be passed in the motion after hearing the parties. JUDGE 3 4