1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.282 OF 2009 WITH CIVIL APPLICATION NO.333 OF 2009 Narayan Gulabrao Harpale & Ors. ....Appellants Versus Rakhi Dattatraya Harpale & Ors. .... Respondents. Shri. Sandeep Salunke, Advocate for the Appellants. Shri. Ashok Tajane, Advocate for Respondent No.1. CORAM : R. V. MORE, J. DATED : 5TH MAY, 2009. P.C. The Appellants have filed this Appeal for challenging the Judgment and order dated 27th Januay, 2009 passed by the Ld. Additional C.J.S.D. Pune in Special Civil Suit No.892 of 2008 below Exhibit 5 thereby dismissing the application for injunction filed by the Appellants seeking injunction only against the Respondent No.1 herein. 2. On the request of the Advocate for Appellants, the Appellants are permitted to delete the names of Respondents No.2 to 6 from the array of parties in the Appeal at the risk of the Appellants. Amendment to be carried out within one week from today. The Appeal from Order is taken up for hearing forthwith at the stage of admission in view of the request being made by the Appellants as indicated hereinafter. 3. The Appellants desire to amend the Plaint in Special Suit 2 No.892 of 2008 so as to give proper description of the suit property and on that account the Appellants pray for leave to withdraw the application for injunction below Exhibit-5 with liberty to file a fresh application for injunction. Accordingly, the Appellants are granted leave to withdraw the application for injunction below Exhibit 5 with liberty to file a fresh application for injunction as also an application for amendment of the Plaint in the said suit. 4. In view of the withdrawal of the application for injunction below Exhibit 5, the impugned judgment and order does not survive. All contentions of the respective parties are kept open to be agitated before the Trial Court which shall decide the fresh application for injunction and the application for amendment of Plaint proposed to be filed by the Appellants on their own merits in accordance with law. The order of status-quo passed in said suit on 13th May, 2008 will continue till disposal of said application for injunction. It is made clear that there is no expression of opinion on merits of the controversy involved in the present Appeal or the controversy involved in the Suit. The Trial Court is directed to decide the fresh application for injunction proposed to be filed by the Appellants expeditiously, and in any case within six months from the date of receipt of this order. 5. Appeal from Order is disposed of in the aforesaid terms with no order as to costs. In view of the disposal of the Appeal from Order, the Civil Application No.333 of 2009 does not survive and the same is disposed of with no order as to costs. (R. V. MORE, J.)