.. 1 .. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 499 OF 2009 WITH CIVIL APPLICATION NO. 608 OF 2009 Alim Abdul Rehman Shaikh & Ors. .... Appellants V/s. Madhukar Patibua Shinde & Ors. .... Respondents Mr. Sandeep D. Shinde, advocate for the petitioners/appellants. CORAM : R.V. MORE, J. DATED : 4TH MAY 2009. P.C. By the impugned order dated 18th April 2009 below exhibit 5 in Special Civil Suit No. 199 of 2009, the Joint Civil Judge, Senior Division, Nashik granted exparte temporary injunction till 2nd May 2009 in favour or the respondents-original plaintiffs and notice was made returnable on 2nd May 2009. Since exhibit 5 application is pending, Mr. Shinde, learned counsel for the appellants seeks leave to withdraw the appeal from order to agitate the issue involved in the matter before the Trial Court. Leave with with the aforesaid liberty is granted. Appeal from order disposed of. SKT/- .. 2 .. 2. The Trial Court, however, in the interest of justice, shall dispose of application at exhibit 5 in Special Civil Suit No. 199 of 2009 as expeditiously as possible in any case within a period of 4 weeks from the date of receipt of this order. It is made clear that all the points are kept open and learned Trial Judge shall dispose of said application on its own merits. 3. In view of the disposal of the above Appeal from Order, the Civil Application will not survive and the same is accordingly disposed of. (R.V. MORE, J.) SKT/-