1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO.204 OF 2008 FROM ORDER NO.204 OF 2008 FROM ORDER NO.204 OF 2008 A.A.Associates A.A.Associates A.A.Associates ...... Appellant Appellant Appellant (Orig.Plaintiff) Orig.Plaintiff) Orig.Plaintiff) vs vs vs Mrs Mrs Mrs D.M.Patil & Ors D.M.Patil & Ors D.M.Patil & Ors ...... Respondents Respondents Respondents (Orig.Defendants) (Orig.Defendants) (Orig.Defendants) Mr.Jitendra Mr.Jitendra Mr.Jitendra Damani for Appellant Damani for Appellant Damani for Appellant Mr.Y.V.Divekar Mr.Y.V.Divekar Mr.Y.V.Divekar i.b Divekar & Co for Respondent i.b Divekar & Co for Respondent i.b Divekar & Co for Respondent no.2 no.2 no.2 CORAM: CORAM: CORAM: J.H.Bhatia, J J.H.Bhatia, J J.H.Bhatia, J DATED: DATED: DATED: 13th March, 2008 13th March, 2008 13th March, 2008 P.C. P.C. P.C. 1.1.1. After some discussion at the bar, learned After some discussion at the bar, learned After some discussion at the bar, learned counsel counsel counsel for the appellant seeks to withdraw this for the appellant seeks to withdraw this for the appellant seeks to withdraw this appeal appeal appeal and also seeks to withdraw S.C.Suit No.2620 and also seeks to withdraw S.C.Suit No.2620 and also seeks to withdraw S.C.Suit No.2620 of of of 2007 from the City Civil Court, Mumbai. He 2007 from the City Civil Court, Mumbai. He 2007 from the City Civil Court, Mumbai. He intends intends intends to file a fresh suit for specific to file a fresh suit for specific to file a fresh suit for specific performance performance performance of of of the contract and makes a request that the contract and makes a request that the contract and makes a request that for for for a period of four weeks the respondents may be a period of four weeks the respondents may be a period of four weeks the respondents may be directed directed directed to maintain status quo. to maintain status quo. to maintain status quo. 2 2.2.2. Learned counsel for the respondents makes a Learned counsel for the respondents makes a Learned counsel for the respondents makes a statement statement statement that out of 9 respondents, 6 have already that out of 9 respondents, 6 have already that out of 9 respondents, 6 have already disposed disposed disposed of their shares in favour of the third of their shares in favour of the third of their shares in favour of the third parties. parties. parties. Further, he makes a statement that the Further, he makes a statement that the Further, he makes a statement that the remaining remaining remaining i.e. respondent nos. 2,3 and 4 will not i.e. respondent nos. 2,3 and 4 will not i.e. respondent nos. 2,3 and 4 will not create create create any third party interest and shall maintain any third party interest and shall maintain any third party interest and shall maintain status status status quo for a further period of four weeks. quo for a further period of four weeks. quo for a further period of four weeks. The The The statement statement statement is accepted. is accepted. is accepted. 3.3.3. In view of this, Appeal stands disposed of as In view of this, Appeal stands disposed of as In view of this, Appeal stands disposed of as withdrawn withdrawn withdrawn with the aforesaid liberty. with the aforesaid liberty. with the aforesaid liberty. 4.4.4. As the Appeal itself is disposed of, Civil As the Appeal itself is disposed of, Civil As the Appeal itself is disposed of, Civil Application Application Application does not survive and stands disposed of does not survive and stands disposed of does not survive and stands disposed of accordingly. accordingly. accordingly. ( J.H.Bhatia, J ) J.H.Bhatia, J ) J.H.Bhatia, J )