1 AO: 383/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.383 OF 2010 WITH CIVIL APPLICATION NO.509 OF 2010 M/s Ravi Developments .... Appellant Vs. Shri Subhash Tulsiram Patil .... Respondents & Ors. Mr. Y.S. Jahagirdar, Senior Counsel i/by Mr. A.R. Shaikh, for appellant. Mr. R.D. Suryawanshi, Advocate for respondent no.3 Mr. N.V. Walawalkar, Senior Counsel i/by Mr. S.M. Sabrad, Advocate for respondent nos. 5 to 7. Mr. M.S. Lagu, Advocate for respondent no.4. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 26th April, 2011 P.C. 1. Mr. Walawalkar tenders the affidavit of respondent no.6 explaining the incorrect statement made in his affidavit dated 17th April 2011 filed on behalf of respondents no. 5 to 7 in reply to the civil application. The affidavit is taken on file and the apology tendered therein for the incorrect statement is accepted. The incorrect statement made in the affidavit is allowed to be withdrawn. 2 AO: 383/2010 2. Mr. Jahagirdar states that respondents no. 5 to 7 have already created third party interest in favour of a person, who is not impleaded to the original proceedings. Therefore, he seeks to withdraw the appeal from order with liberty to file appropriate application before the trial Court and seek interim reliefs against the transferee. The appeal from order is allowed to be withdrawn with liberty sought. It is made clear that as and when the application is made for interim reliefs, the trial Court shall consider it on its own merits. 3. In view of withdrawal of the Appeal from Order, the Civil Application does not survive, the same is accordingly disposed off. (SMT.R.P. SONDURBALDOTA,J)