1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1204 OF 2008 WITH CIVIL APPLICATION NO.1473 OF 2008 Shrikant Shankar Barve and Anr. : Appellants versus Bharat J Shah : Respondent. Shri Shriram S Redij for the Appellants. CORAM : R.M.SAVANT, J. DATED : JANUARY 21, 2009 P.C. 1. The above Appeal from Order is directed against the order dated 23/10/2008 by which order, ad-interim relief sought for by the Appellants/Plaintiffs came to be rejected. 2. The Plaintiffs have filed S.C.Suit No.2611 of 2008 for injunction in respect of the premises bearing No.176, Abdul Rehman Street, above Union Bank of India, Mumbai admeasuring 100 sq.ft. The Plaintiffs claim to be in possession of the said premises as tenants. The Plaintiffs have relied upon various documents which 2 inter alia are the copies of the challans, telephone bills, electricity bills in support of their case that they are in possession of the premises in question. 3. The trial Court on the basis that though the Plaintiffs claimed to be the tenants of the premises in question, they had not produced any rent receipt and, therefore, rejected their prayer for ad- interim relief. 4. The learned counsel for the Appellants/Plaintiffs states that since the Notice of Motion is kept on 9th February 2009, the Plaintiffs would be satisfied if the Motion is directed to be disposed of within a particular time framed. 5. Considering the facts and circumstances of the present case, Motion is directed to be heard and disposed of by 16th March 2009. 3 6. The learned counsel for the Appellants/Plaintiffs seeks withdrawal of the above Appeal from Order in view of the aforesaid directions. The above Appeal from Order is accordingly dismissed as withdrawn. 7. In view of the withdrawal of the above Appeal from Order, the Civil Application No.1473 of 2008 does not survive and the same is disposed of as such. 8. Needless to say that the learned trial Court would decide the said Notice of Motion on its own merits and in accordance with law uninfluenced by its order dated 23rd October 2008. [R.M.SAVANT, J]