IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.43 of 2009 APPEAL FROM ORDER NO.43 of 2009 APPEAL FROM ORDER NO.43 of 2009 WITH WITH WITH CIVIL APPLICATION NO.57 OF 2009. CIVIL APPLICATION NO.57 OF 2009. CIVIL APPLICATION NO.57 OF 2009. Shri Shivanand Pargonda Hulyalkar & Others ..Appellants versus Shri Rajendra Parshuram Parwardhan & Others ..Respondents Mr.Anturkar with Mr.Gatne for the appellants Mr.Sabrat for the respondent No.1 Mr.Godbole with Mr.Arjun Wadkar for the respondent Nos.2 & 3 CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 27th April, 2009. DATED : 27th April, 2009. DATED : 27th April, 2009. P.C. 1. As the appeal from Order was taken up for admission, the Court was informed that as of today the party by name M/s. Yash Developers are at site and are carrying on construction. Learned Advocate Mr.Anturkar, upon instructions applies for withdrawal of application-Exhibit 5, on which the 4th Addl. Judge, Small Causes Court, Pune and Joint Civil Judge, Senior Divison, Pune had passed Orders on 29.9.2008 against which this appeal from order has been filed. Learned Advocate Mr. Anturkar submits that he is required to apply for withdrawal of the said application because the said application was filed without joining M/s. Yash -2- Developers as party to the suit and without making said Yash Developer as party to the said application. 2. In view of the aforesaid submission, the request is required to be granted. Hence the Order. ORDER . The appellants’ request for withdrawal of the application at Exhibit 5 on which Order dated 29.9.2008 was passed by the learned 4th Addl.Judge, Small Causes Court, Pune and Joint Civil Judge, Senior Division, Pune, is granted . Order dated 29.9.2008 mentioned above does not survive. . In view of this nothing survives in the appeal from Order. The appellants are permitted to institute appropriate proceeding, including fresh application for joining M/s. Yash Developers as party to the suit and make a fresh application for injunction so as to protect the interest of the appellants. . All questions which may be raised by the -3- respective parties are left open. No view are expressed on merits of the matter on account of withdrawal of Exhibit 5 application. . Appeal from Order stands disposed of in above terms with no order as to costs. . In view of withdrawal of the Appeal from Order, Civil Application No.57 of 2009 does not survive and the same is disposed of with no order as to costs. (R.Y.Ganoo, (R.Y.Ganoo, (R.Y.Ganoo, J.) J.) J.)