1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO. 109/2007 Laxman s/o Sakharam Sonvane and another ...Appellants versus Durgabai w/o Murladhirrao Ingale and others ..Respondents. ... Shri Rajendra Deshmukh, Advocate for appellants. Shri Imran Durrani, Advocate holding for Shri S.K. Barlota Advocate for respondent no.1. .... CORAM : R.K. Deshpande, J Date : 11-11-2009 PER COURT : 1. On the last occasion when the matter was called out on 04-11-2009, the learned counsel for the appellant was directed to address this court on the aspect of tenability of the appeal against the order. This appeal challenges order dated 30-07-2007 passed by learned District Judge – 1, Jalna in M.C.A. No. 4/1998 which confirms the order below Ex. 60 passed by learned Civil Judge (J.D.), Partur in R.C.S. No. 172/1995. The trial court allowed Ex. 60 which was an application complaining breach of an injunction and directed present applicant to be detained in civil prison for a period of one month. 2 2. Shri Deshmukh, the learned counsel appearing for the appellants fairly conceded that the present appeal against the order, shall not be maintainable. He further states that, liberty be granted to file other appropriate proceeding by withdrawing instant appeal against the order and continue interim order granted by this court on 1st Oct. 2007 for further period of two weeks. 3. In view of the above, the appellant is permitted to withdraw instant appeal with liberty to file such appropriate proceeding as are permissible in law. The interim order granted by this court on 01-10-2007 shall continue for a period of two weeks from today. 4. Appeal is dismissed as such with aforesaid observations. (R.K.Deshpande, J) tsk/ao109.07