1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1303 OF 2008 WITH CIVIL APPLICATION NO.1597 OF 2008 Vishwa Construction through its partner Kishor Moreshwar Walinjkar and Anr. : Appellants versus Ramchandra Yashwant Gajankunshe and ors. : Respondents. Shri A.S.Khandeparkar i/by M/s.Khandeparkar & Associates for the Appellant. Shri S.M.Mirajkar for the Respondent Nos.2 to 4. CORAM : R.M.SAVANT, J. DATED : JANUARY 28, 2009 P.C. 1. This Appeal challenges the order dated 27th August 2008 passed by the learned Civil Judge, Senior Division, Vasai by which order the Application (Exhibit05) for temporary injunction filed by the Appellant/Plaintiff came to be rejected. 2 2. During the course of hearing of the above Appeal, the learned counsel for the Appellant/Plaintiff submitted that the Appellant/Plaintiff would be satisfied if the hearing of the Special Civil Suit No.217 of 2007 is expedited and therefore does not desire to press the above Appeal. 3. Looking to the nature of the controversy, in my view, the request of the learned counsel for the Appellant/Plaintiff is reasonable. 4. The hearing of the Special Civil Suit No.217 of 2007 is expedited and is directed to be disposed of by 31st December 2009. 5. The learned counsel for the Appellant/Plaintiff, in view of the above directions, seeks withdrawal of the above Appeal from order. The above Appeal from Order is accordingly dismissed as withdrawn. 3 6. In view of the withdrawal of the above Appeal from Order, the Civil Application No.1597 of 2008 does not survive and the same is accordingly disposed of. [R.M.SAVANT, J]