1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.320 OF 2009 WITH CIVIL APPLICATION NO.385 OF 2009 Shri Devilal Pukhraj Deora ..Appellant V/s Smt.Leela Mohanlal Ghanchi & anr. ..Respondents Mr.A.M.Saraogi i/b.Mr.R.N.Bhavsar, Advocate, for the appellant Mr.Y.P.Yagnik, Advocate, for the respondents CORAM : R.M.SAVANT, J. DATE : 17TH MARCH, 2009 P.C. . The above Appeal is directed against the Order dated 3rd February, 2009, passed by the learned Judge of the City Civil Court, Dindoshi, Mumbai refusing ad-interim relief to the appellant/plaintiff. The Notice of Motion filed by the appellant was to restrain the defendants from creating third party interest in respect of the suit shop. It appears that the appellant had earlier also filed a suit 2 wherein the same relief was claimed which was rejected by observing that no prima facie case was made out. It also appears that the said suit has been withdrawn by the appellant unconditionally. In the light of the said facts, the Trial Court did not deem it fit to grant any ad- interim relief in the instant suit. In view of the withdrawal of the earlier suit unconditionally, the maintainability of the instant suit is also in question. Hence, the Order of the Trial Court cannot be faulted with. The above Appeal from Order is accordingly dismissed. 2. In view of the dismissal of the Appeal from Order, Civil Application does not survive and the same is accordingly disposed of. (R.M.SAVANT, J.)