IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 768 OF 2008 WITH CIVIL APPLICATION NO. 923 OF 2008 Uttam Kaluram Lonkar & Ors. ...Appellants Versus Sadashiv Jaisingrao Aware & Ors. ...Respondents Mr. Vipin Kasale i/b. M/s. Ram & Co., for Appellants. CORAM : R. V. MORE, J. DATE : 16th JUNE, 2009. P.C. : The Appellants are the Original defendants. The Appeal from Order arises out of interim order passed by the Trial Court below Application at Exhibit -5 in (new) Special Civil Suit No. 1796 of 2007. The learned Counsel for the Appellants makes a statement that Respondents/Original Plaintiffs have withdrawn the Special Civil Suit No.1796 of 2007 by giving preacipe dated 18th April, 2008 at exhibit 119. He tenders xerox copy of the said preacipe. In the above facts, the Appeal from Order will not survive and the same is disposed of, accordingly. 2. In view of the disposal of the Appeal from Order, the Civil Application No. 923 of 2009 will not survive and therefore, the same is disposed of. sd/- (R. V. MORE, J.)