1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 79 OF 2009 WITH CIVIL APPLICATION NO.100 OF 2009 M/s.V R Construction and ors. : Appellants versus Babasaheb Baburao Tingare & ors. : Respondents. Shri. R D Soni i/by M/s.Ram & Co. for the Appellants. Shri S V Pitre for the Respondents. CORAM : R.M.SAVANT, J. DATED : APRIL 01, 2009 P.C. 1. This Appeal takes exception to the order dated 19th December 2008 passed by the learned Civil Judge, Senior Division, Pune by which order the Application Exhibit-5 for temporary injunction filed by the Appellants/Plaintiffs in Special Civil Suit No.1725 of 2007 came to be rejected. 2 2. After the above Appeal was heard for some time, Shri S V Pitre, the learned counsel for the Respondents i.e the original Defendants in the said Suit, makes a statement that pending the decision of the said suit, the Defendants would not create any third party interest in respect of the suit property. The said statement is accepted. 3. In view of the said statement made by the learned counsel for the Respondents, the learned counsel appearing for the Appellants Shri R D Soni does not press the above Appeal. However, he makes a request that in the facts and circumstances of the case, the hearing of the said suit be expedited. The hearing of the Special Civil Suit No.1725 of 2007 is therefore expedited and is directed to disposed of by 31st March 2010. 4. The learned counsel for the Appellants Shri Soni seeks withdrawal of the above Appeal which is accordingly dismissed as withdrawn with the aforesaid directions. 3 5. In view of the withdrawal of the above Appeal from Order, the Civil Application No.100 of 2009 does not survive and the same is accordingly disposed of. [R.M.SAVANT, J]