: 1 : 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.404 OF 2008 IN NOTICE OF MOTION NO.689 OF 2008 IN B.C.C.C. S.C. SUIT NO.676 OF 2008 WITH CIVIL APPLICATION NO.476 OF 2008 Jitendra M. Sharma & Ors. ..Appellants. (Orig.Plffs.) Vs. Rajesh S. Duggad ..Respondent. (Origt.Deft.) ALONGWITH APPEAL FROM ORDER NO.405 OF 2008 IN NOTICE OF MOTION NO.688 OF 2008 IN B.C.C.C. S.C. SUIT NO.675 OF 2008 WITH CIVIL APPLICATION NO.477 OF 2008 Jitendra M. Sharma & Ors. ..Appellants. (Orig.Plffs.) Vs. Mandar Mestry ..Respondent. (Origt.Deft.) ALONGWITH APPEAL FROM ORDER NO.408 OF 2008 IN NOTICE OF MOTION NO.690 OF 2008 IN B.C.C.C. S.C. SUIT NO.677 OF 2008 WITH CIVIL APPLICATION NO.478 OF 2008 Jitendra M. Sharma & Ors. ..Appellants. (Orig.Plffs.) Vs. : 2 : Rajesh Sharma ..Respondent. (Orig.Deft.) Mr.V.A.Thorat, Senior Counsel with Mr.A.R.Pande for the Appellants. Mr.G.S.Godbole with Mr.Gajendra Singh for the Respondents. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 28TH APRIL, 2008 DATED : 28TH APRIL, 2008 DATED : 28TH APRIL, 2008 P.C. : P.C. : P.C. : Mr.Thorat seeks leave to withdraw the Appeal from Orders with liberty to raise the points in any fresh proceeding by way of amendment or otherwise, challenging the resolutions which had already been passed pursuant to the meeting which was sought to be restrained. 2. The Appeal from Orders are allowed to be withdrawn with liberty as aforesaid. Any application for expedition may be made before the trial Court. 3. In the circumstances, the above Civil Applications also do not survive and the same stand disposed of accordingly. 4. Needless to add that the observations in the impugned order will not bind the learned Judge : 3 : hearing the Notice of Motion.