1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.328 OF 2008 IN WRIT PETITION NO.3849 OF 2008 WITH LETTERS PATENT APPEAL NO.330 OF 2008 IN WRIT PETITION NO.5732 OF 2008 WITH LETTES PATENT APPEAL NO.85 OF 2009 IN WRIT PETITION NO.8127 OF 2008 Vijay K. Mehta and anr. ...Appellants v/s Charu K. Mehta and others ...Respondents 2 Mr Sanjay Jain i/b M/s Wadia Ghandy and Co. for Appellants. Mr Aspi Chinoy, Sr Counsel i/b M/s Thakore Jariwalla and Associates for Respondent No.1. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 24TH NOVEMBER 2009. P.C. :- 1] At the outset, one of us (D.K. Deshmukh J.) informed the parties that his son is working as Consultant in Lilavati Hospital. The learned counsel appearing for both the sides state that they have no objection to this Division Bench taking up these appeals. 2] The learned counsel apearing for appellans states that in view of the order passed in application unde section 41D of the Bombay Public Trusts Act 1950, the appellants be permitted to withdraw the apeals. Appeals are permitted to be 3 withdrawn. 3] At this stage, the learned counsel appearing for respondents states that the interim order which is operating in these appeals should be continued at least for a period of ten days. The request is opposed. We have heard the learned counsel for both sides. In our opinion, in view of the fact that the appellants are withdrawing the appeals without seeking any liberty, we will not be justified in continuing the operation of interim order that might have been passed in these appeals. In an appeal, an interim order in favour of the appellants can be passed. As a condition for passing such interim order in favour of the appellant, an order which operates against the appellant may also be passed but when the appellant is withdrawing the appeal and is not seeking any interim order in his favour, in our opinion, continuing interim order which will operate against the appellant will not be in the interest of justice. The request is therefore rejected. 4 Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )