: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1248 OF 2009 Surendra Chauhan ... Appellant V/s. Jagdishkumar Vedkprakash Agarwal & Ors. ... Respondents Mr.Satish Shah a/w Y.K. Tiwari, Deepak Deshmukh, S.P. Nagvekar i/b M/s.K.P. Tiwari & Co. for Appellant Mrs.K.K. Soraan for Respondent BMC Mr.H.S.S. Murthy for Respondent Nos.1 & 2 CORAM: SMT.NISHITA MHATRE, J. DATED: DECEMBER 14, 2009 P.C.: 1. The Appeal from Order has been filed challenging the order passed in the Notice of Motion by the trial Court dismissing the notice of motion filed by Defendant No.1. The Defendant No.1 had sought a prayer for framing of preliminary issues which has been refused by the trial Court. No appeal is maintainable under Oder 43 Rule 1 of the Civil Procedure Code and therefore Mr.Shah seeks leave to withdraw the appeal and to file appropriate proceedings for challenging the order passed in the Notice of Motion. 2. Appeal from Order is dismissed as withdrawn. The trial Court will not proceed with the trial for a period of four weeks from today during which time the appellants : 2 : may initiate proceedings in order to challenge the order passed in the Notice of Motion. 3. In view of the disposal of the appeal from order, nothing remains in the Civil Application No.1563 of 2009 and the same stands disposed of.