IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.873 OF 2009 WITH CIVIL APPLICATION NO.1074 OF 2009 Madhaveshwar Co.op Hsg. Society Ltd. ...Appellant. v. Somaiya Bros. and Ors ...Respondents. Mr.M.P.Vashi i/by M/s.M.P.Vashi & Associates, adv. For the Appellant. Mr.Atul Rajadhyaksha i/by Bhandari & Bhandari, adv. For the Respondent Nos.1 to 4. Smt. K.K.Soran, for the Respondent No.5/BM.C CORAM : J.H. BHATIA, J. DATED : MARCH 29, 2010 P.C. 1 The learned counsel for the appellant, who was original defendant no.1 makes a statement that this appeal was preferred against the ad-interim relief of injunction while the notice of motion is still pending. He seeks to withdraw the appeal and seeks direction to expedite the hearing of the notice of motion. 2 Therefore, the appeal stands disposed off as withdrawn. Defendants, if they so desire, shall file affidavit-in-reply to the notice of motion within two weeks from this date and the plaintiff shall be at liberty to file rejoinder, if any within two weeks thereafter. Trial Court shall hear and dispose off the notice of motion as early as possible and - 2 - preferably within two months thereafter. As the appeal itself is disposed off, civil application no.1074/09 does not survive and stands disposed off accordingly. (J.H. BHATIA,J.)