1 APP 554 of 2007 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.554 OF 2007 IN CHAMBER SUMMONS NO.896 OF 2006 IN SUIT NO.1783 OF 2000 ALONG WITH NOTICE OF MOTION NO.3044 OF 2007 IN APPEAL NO.554 OF 2007 IN CHAMBER SUMMONS NO.896 OF 2006 IN SUIT NO.1783 OF 2000 Shri Upendra Girdharlal Trivedi .....Appellant V/s. Jagmohan Lalchand Dalmia and Ors. ..... Respondents Ms.Bhavna Shah, for the appellant. Mr.K.G.Desai i/by M/s.Kartikeya & Associates, for respondent Nos.3a to 3d. Mr.Gaurav Joshi i/b M/s.Federal & Rashmikant, for the respondent Nos.1a to 1e. CORAM :P.B.MAJMUDAR & ANOOP V. MOHTA, JJ. DATE : 23RD AUGUST, 2010 P.C. 1. The learned counsel for the appellant states that since this appeal is filed against an interlocutory order, by which some heirs of the appellant have been brought on record as party defendants and with a view to see that all these points she can raise in the trial in a pending suit, 2 APP 554 of 2007 she is not pressing this appeal. Since the learned counsel for the appellant wants to withdraw the appeal, we permit the appellant to withdraw the appeal. 2. It is clarified that at the time of arguments before the learned Single Judge, the appellant can take all points available in law to substantiate the say of the appellant that no decree can be passed. This question is not required to be decided by this Court. If such points are raised, it is for the learned Single Judge to consider the points raised and decide the same in accordance with law. 3. In view of what is stated above, the appeal is disposed of as withdrawn. 4. In view of the disposal of the appeal, the notice of motion No.3044 of 2007 does not survive and the same is accordingly disposed of. ( ANOOP V. MOHTA, J. ) ( P.B.MAJMUDAR, J. )