1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 139 OF 2010 IN NOTICE OF MOTION NO. 1006 OF 2009 IN L.C. SUIT NO. 2367 OF 2008 Kashibai K. Bhandari & Ors. ... Appellants Vs. Hemant P. Bhandari & Ors. .. Respondents Mr. A.S.Tungare,Advocate, i/b. M.D.Nagle,Advocate for the appellants. Mr. P.B.Shah,Advocate, for the respondent No.1. Smt. K.K.Soran, Advocate, for the respondent Nos. 6 to 9 – BMC. CORAM: J.H.BHATIA, J. DATE : 30th March,2010. P.C. 1. After some discussion at the Bar, the learned Counsel for the appellants seeks to withdraw this Appeal as well as the Suit No.2367 of 2008 from the City Civil Court, Mumbai, which is the suit for injunction simlicitor, with liberty to file a fresh comprehensive suit for partition and separate possession, injunction and other consequential reliefs within 12 weeks from this day. 2. In view of the above, the Appeal as well as the Civil Application 2 stand disposed of as withdrawn with aforesaid liberty. The Suit shall also stand disposed of as withdrawn. 3. The respondent Nos. 1 to 5 shall not create any third party interest in the suit property. The construction, if any, made on the suit property shall be subject to the result of the suit which may be filed by the plaintiff for partition, etc. This relief shall continue to be in force for 12 weeks to facilitate filing of such a suit. 4. All contentions of both the parties are left open to be considered in the suit to be filed. (J.H.BHATIA,J.)