1 AO No.356/09 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.356 of 2009 Shri Rajesh Nanji Shah & ors. ... Appellants versus Shri Digambar Murlidhar Shinde & ors. ... Respondents ... Mr. Surel S. Shah for the appellant Mr.Niranjan Shimpi for respondent no.1. CORAM : D.G. KARNIK, J DATED : 22nd November 2010 P.C. 1. Learned counsel for the appellant says that during the pendency of the appeal, respondent has already created third party rights. As such, appeal has become infructuous. He further states that he has already taken steps for initiating contempt proceedings. He seeks leave to withdraw the appeal with liberty to continue the contempt proceedings. Leave granted. Appeal is disposed of as withdrawn with liberty as above. (D.G.KARNIK, J)