1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.192/2009 WITH CIVIL APPLICATION NO.231/2009 Tukaram Kondiba Kokare. ..Appellant -VERSUS- Mangesh Dhondu Pathole and another. ..Respondents. .......... Ms.Radhika Samant, Advocate for the Appellant. .......... CORAM : R.V.MORE, J. DATED : 15th APRIL, 2009. P.C.: 1. By the impugned order, ad-interim relief of injunction claimed by the Appellant/Plaintiff by filing Notice of Motion at Exhibit-6 in L.C. Suit No.2220/2008 came to be refused and Notice of Motion was made returnable on 05.01.2009. 2. The learned counsel appearing for the Appellant submits that if hearing of the Notice of Motion at Exhibit-6 is expedited, she will not press the present appeal and thus, seeks leave to withdraw the appeal. 2 3. In the above facts, since the notice of motion is not heard finally by the Trial Court, leave to withdraw the Appeal From Order is granted. Accordingly, the Appeal From Order is disposed of. In view of disposal of the appeal, Civil Application does not survive and the same is also disposed of. 4. However, in the interest of justice, the learned Adhoc District Judge-2, City Civil Court, Borivali Division, Dindoshi, Goregaon, Mumbai is directed to hear and dispose of the Notice of Motion at Exhibit-6 in L.C. Suit No.2220/2008 as expeditiously as possible preferably within a period of three months from the date of receipt of this order. It is needless to mention that the said Notice of Motion shall be disposed of on it' s own merits and uninfluenced by this order. JUDGE