IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.1091 OF 2009 Smt. Premadevi O. Dubey & Ors. ...Appellants. v. Sheshdhar R. Dubey & Ors. ...Respondents. Mr. P.B.Shah, adv. For the Appellant. Mr.J.M.D’Silva, adv. For the Respondent No.1. CORAM : J.H. BHATIA, J. DATED : APRIL 13, 2010 P.C. 1 Heard the learned counsel for the parties. 2 In the earlier round of litigation initiated by filing a suit by the respondents, cross appeals are pending and this appeal from order has arisen out of rejection of the notice of motion. The later suit was filed by the appellant. The learned counsel for the plaintiffs/appellants seek to withdraw this appeal with liberty to move an application before the Court hearing the appeal and cross appeal arising out of earlier suit for an appointment of an arbitrator for amicable settlement between the parties. Therefore, the appeal stands disposed off as withdrawn with the aforesaid liberty. (J.H. BHATIA,J.)