1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR First Appeal No. 630/2009 Patiraj Jankiprasad Verma ..vs.. Arjun Jankiprarsad Verma & anr. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. Bhamburkar,Advocate for appellant. Mr. Gaikwad, Advocate for respondents. Coram: R. K. Deshpande, J. Date : February 23, 2010 1. This is an appeal filed by original defendant, challenging the judgment and order dated 01.10.2007 passed by learned Jt. Civil Judge Senior Division, Nagpur in Special Civil Suit No. 370/2003. There was a delay in filing the appeal. Hence, notice was issued on the application for condonation of delay. Mr. Gaikwad, learned counsel appears for respondent nos. 1 and 2. The delay was condoned by this Court. The matter is now listed for admission. This Court had passed an interim order on 05.09.2008. The same is continued till this date. 2. Mr. Gaikwad, learned counsel for respondents has raised an objection that the appellant has remedy of 2 approaching the said Court by filing an application under Order IX Rule 13 of the Code of Civil Procedure for setting aside ex parte decree passed by the trial Court. Mr.Bhamburkar, learned counsel for the appellant, in view of this statement, seeks permission to withdraw the instant appeal with liberty to file said application before the trial Court. However, Mr. Bhamburkar, submits that the interim order granted by this Court on 05.09.2008 should be continued for further period of one month from today. Mr.Gaikwad, learned counsel submits that if the interim order granted by this Court is to be continued for further period of one month, it may be made clear that the such an order would not influence the trial Court, while passing any interim order on the application to be filed by the appellant. 3. In view of aforesaid position, the appeal is permitted to be withdrawn with liberty to file an application under Order IX Rule 13 of the Code of Civil Procedure along with such other application as the appellant desires to file before the trial Court. The interim order dated 05.09.2008 passed by this Court shall continue for further period of one month from today. 3 It is made clear that passing of interim order by this Court shall not influence the mind of the trial Court while considering the application. Record and proceedings be remitted back to the trial Court. The appeal is dismissed as withdrawn. No order as to costs. J UDGE kahale