IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.566 OF 2007 IN NOTICE OF MOTION NO.2328 OF 2007 IN SUIT NO.2143 OF 2005 M/s.Candes & Kunder Construction & Ors. ..... Appellants V/s. Surendra Poojari & Ors. ..... Respondents Mr.Vijay Thorat, Sr.Counsel a/w D.H.Mehta i/b G.S.Bhat for the Appellant. Mr.D.D.Madon, Sr.Counsel a/w Ryan D'Souza i/b Jose George for the Respondent No.1. Mr.H.S.S.Murthy, for the Respondent No.2. Mr.Aroop Dasgupta i/b Jhangiani Narula & Associates, for the Respondent No.3. CORAM : R.M.S.KHANDEPARKAR & P.B.MAJMUDAR, JJ. DATED : JUNE 13, 2008. P.C. 1. The learned Counsel appearing for the appellant states that the appellant crave leave to withdraw the present Appeal No.566 of 2007, in order to enable the appellant to take out appropriate notice of motion in Suit No.3613 of 2004, which is the substantive suit filed for specific performance of the agreement, to seek necessary interim relief therein. Thereafter, he prays that necessary order be issued so that the Court hearing and deciding any such notice of motion which may be taken out by the appellant in suit No.3613 of 2004, should not get in any manner influenced by any of the observations made by the learned Single Judge while disposing of notice of motion No.2328 of 2007 in Suit No.2143 of 2005. 2. The appeal No.566 of 2007 is accordingly allowed to be withdrawn and stands disposed of. 3. Liberty to the appellant to take out necessary notice of motion in Suit No.3613 of 2004. In case such notice of motion is taken out for any interim relief as may be available in terms of the provisions of law, the same shall be heard and disposed of by the concerned Court without being in any manner influenced by any of the findings and observations made in the order passed in notice of motion No.2328 of 2007 in Suit No.2143 of 2005. Order accordingly. ( P.B.MAJMUDAR, J.) ( R.M.S.KHANDEPARKAR, J.)