1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 986 OF 2009 ALONG WITH CIVIL APPLICATION NO. 1239 OF 2009 Smt.Sushila M. Thakkar & ors. ... Appellants v/s Suresh Bobale & ors. ... Respondents Mr.Dinesh C. Shah for the appellants. Mr.Suresh Gole i/by M/s.Gole & Co. for Respondent Nos.1 to 18. Smt.K.K.Soraan i/by Mr.R.A.Malandkar for respondent Nos. 22. CORAM: SMT.NISHITA MHATRE, J. DATED: 15TH FEBRUARY, 2010 P.C.: 1. The appeal from order has been preferred against the refusal to grant certain prayers mentioned in the notice of motion. A contempt notice of motion was filed by the plaintiffs being No.807 of 2008 complaining of breaches committed by the defendants under Order 39 Rule 2A of the Code of Civil Procedure. Other reliefs have also been sought 2 by the plaintiffs. According to the learned advocate for the plaintiffs, the reliefs which are sought, are in respect of events which have occurred after the interim orders passed under Order 39 Rules 1 and 2 were violated by the defendants. In my opinion, such prayers cannot be considered in the present notice of motion. The appellants would have to file an independent notice of motion in respect of those prayers. 2. In any event, an appeal from order would not be maintainable to challenge the refusal of reliefs under Order 39 Rule 2A. 3. The learned advocate for the appellants therefore seeks leave to withdraw the appeal from order and to file an independent notice of motion for reliefs in respect of events which have occurred after the alleged breach of the order passed under Order 39 Rules 1 and 2. He also seeks liberty to adopt appropriate proceedings to challenge the refusal of relief under Order 39 Rule 2A. Allowed to be withdrawn with liberty as prayed for. 3. Appeal from order stands dismissed as withdrawn along with the civil application. ..... 3 4