1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 420 OF 2009 WITH CIVIL APPLICATION NO. 507 OF 2009 Nanu Gunwant Mithari ....Appellant Versus Shri. Sharad Kunte & Ors. ....Respondents. Shri P.M. Havnur i/b. Shri D. M. Shah. CORAM : R. V. MORE, J. DATED : 16TH APRIL, 2009. P.C. Mr. Havnur, learned Counsel for the Appellant, seeks leave to withdraw the Appeal from Order. Leave granted. Appeal from Order is disposed of, as withdrawn. 2. By the present Appeal from Order, the Appellant has challenged the Order by which Ad-interim relief was refused, however the Notice of Motion is pending before the City Civil Court, Dindoshi, Borivali Division, Mumbai. In that view of the matter and looking into the controversy involved in the Suit, the learned Principal Judge, City Civil Court, Dindoshi, Borivali Division, Mumbai is directed to dispose of the Appellant's Notice of Motion at Exhibit “1” in S.C.No.1380 of 2008 as expeditiously as possible, and preferably within the period of three months from the date of receipt of 2 this Order. Needless to mention that the Notice of Motion shall be disposed of independently on its own merit without being influenced by the order impugned in the present Appeal from Order. 3. In view of the disposal of the above Appeal from Order, the Civil Application No.507 of 2009 will not survive and the same is, accordingly disposed of. (R. V. MORE, J.)