1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.506 OF 2009 WITH CIVIL APPLICATION NO.619 OF 2009 V. R. Nair and Sons ....Appellant Versus M/s. Nanavati Construction Co.& Anr. ....Respondents. Mr. Vaibhav i/b. M/s. David & Associates for the Appellant. Mr. Kishore Jain, ld.Counsel i/b. M/s.Bina & Co. for the Respondent No.1. CORAM : R. V. MORE, J. DATED : 5TH MAY, 2009. P.C. The learned Counsel for the Appellant, submits that his application for permission to carry repairs to the suit premises is rejected only on the ground that he has not given details in pursuance of the High Court Order dated 25th October, 2007. He further submits that in that view of the matter, he may be allowed to withdraw the Appeal from Order with liberty to file fresh application/notice of motion for permission to carry repairs to the suit premises, after giving details as per the aforesaid High Court Order dated 25th October, 2007. Mr. Jain, learned Counsel for the Respondent No.1 has no objection, if this course is adopted. 2. In the above facts, leave to withdraw the Appeal from Order is 2 granted with liberty to the Appellant to file fresh application/notice of motion for permission to carry repairs to the suit premises, after giving details as per the High Court Order dated 25th October, 2007. The Appeal from Order is disposed of, as withdrawn. 3. In case the Appellant files a fresh application as stated above, the same shall be decided by the Trial Court as expeditiously as possible and preferably within the period of six months of filing the same. 4. In view of the disposal of the Appeal from Order, the Civil Application No.619 of 2009 will not survive and therefore, the same is disposed of. (R. V. MORE, J.)