1 1037.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1037 OF 2009 WITH CIVIL APPLICATION NO. 1274 OF 2009 Altaf Naik & anr ... Appellants vs Mushtaque Naik & ors ... Respondents ...... Mr.G.S.Godbole i.b Ms Manjiri Parasnis for Appellants Mr.S.S.Patwardhan for Respondent no.1 Mr.Altaf Naik Appellant present CORAM : J.H. BHATIA, J. DATE : 24th August, 2010. P.C. 1. Heard learned counsel for the appellant who is the original defendant no.3 and who is personally present before the court. After some discussion at the bar and after taking instructions from his client the learned counsel seeks to withdraw this appeal with liberty to produce the documents before the trial court to show that the properties shown in para 1B,1C,1D and 1E in the plaint were received by the defendant no.3 after having taken loans from the plaintiff and that the plaintiff were receiving interest on the same and also to show that for purchase of the Toyoto Innova vehicle covered in para 1H in the plaint, loan was taken by the defendant no.3 from 2 1037.sxw some bank in his individual capacity and to seek modification of the impugned order of the trial court in respect of the said properties covered in para 1 B to 1E and 1H of the plaint. 2. Appeal stands disposed of as withdrawn with aforesaid liberty. In case defendant no.3 produces necessary documents before the trial court in support of his claim for modification, other parties shall be given opportunity to refute that contention. If such an application is moved by the defendant no.3 before the trial court, the same shall be heard and disposed of within three months from the date of filing the same. Civil Application is also disposed of as the same does not survive. J. H. BHATIA, J 3 1037.sxw 4 1037.sxw