: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.715 OF 2008 ALONGWITH CIVIL APPLICATION NO.831 OF 2008 Namdeo Kashinath Aher & Anr. .. Appellants V/s. Vandana Baban Vishe & Ors. .. Respondents Mr. K.S. Dewal for the Appellants. Mr. P.K. Dhakephalkar, Sr. Counsel, i/b. Mr. Sameer Patil for Respondent No.6. Ms. Minoo Siodia i/b. Rustamji & Ginwala for Respondent No.12. CORAM : SMT. NISHITA MHATRE, J. DATED : 19 TH JANUARY, 2010. P.C.: 1. After arguing the matter for some time, Mr. Dewal, appearing for the appellants, seeks leave to withdraw the Application at Exhibit – 5 pending before the Court of Civil Judge, Senior Division, Kalyan. He however prays that liberty be granted to the appellants to file a fresh application for interim reliefs. : 2 : 2. Accordingly, the application at Exhibit-5 pending before the Court of Civil Judge, Senior Division, Kalyan, is allowed to be withdrawn and dismissed as such. The order dated 3rd May, 2008 passed on that application must therefore be considered non est. 3. In view of the above, the Appeal from Order alongwith Civil Application No.831 of 2008 pending therein is also allowed to be withdrawn and dismissed as such. 4. In case the appellants-plaintiffs file any application for interim relief, it will be decided on merits by the trial Court, uninfluenced by the order dated 3rd May, 2008, which has become non est on the withdrawal of the application. .......