1 (AO646.11 with CAA646.11) FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.646 OF 2011 ALONGWITH CIVIL APPLICATION NO.875 OF 2011 IN APPEAL FROM ORDER NO.646 OF 2011 (Puranik Builders Pvt. Ltd. Company vs. Mrs. Yamuna Ashok Tandel & Ors.) ------------------------------------------------------------------------------------- Office Notes, Office Memorandum Court’s or Judge’s orders. of Coram, appearances, Court’s orders or directions and Registrars orders. Mr. S.S. Deshmukh for the appellant. Mr. Sandesh D. Patil for Respondent Nos. 1, 2 and 5. Mentioned, not on board: CORAM: V.M. KANADE, J. DATE : 21st June, 2011 P.C.: 1. Application is moved for speaking to the minutes of the order dated 16/6/2011. It is submitted that in para 4 of the said order, it is inadvertently mentioned that trial court should not proceed with the hearing of the application filed under section 8. It is submitted that this Court had 2 (AO646.11 with CAA646.11) directed that application below Exhibit-5 should not be heard. 2. The said order is accordingly modified and in para 4 in place of words “under section 8” the words “below Exhibit’5” are substituted. 3 The learned Counsel for the appellant, after taking instructions, submits that he may be permitted to withdraw this AO as the same is not maintainable with permission to take out appropriate proceedings. 4. Accordingly, Appeal from Order is allowed to be withdrawn with permission to take out appropriate proceedings. Interim protection to continue for a period of two weeks. 5. Appeal from Order is disposed of. Civil Application is disposed of as the same does not survive. 6. Trial Court shall decide the application below Exhibit-5 on 3 (AO646.11 with CAA646.11) merits and in accordance with law and shall not be influenced by any observations made by this Court in this Order. (V. M. KANADE, J.)