IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.1034 OF 2009 WITH CIVIL APPLICATION NO.1271 OF 2009 WITH CIVIL APPLICATION NO.12 OF 2010 Aziz Ahmed Pradhan & Ors. ...Appellants. v. Gurudayal Singh Malhar Singh Dhanotra & Ors. ...Respondents. Mr.P.K.Dhakephalkar i/by Ramesh A. Karale, advs. For the Appellants. Mr.M.B.Rao i/by H.R.Pawar,adv. For the Respondent No.1. Shri G.V.Hingorani, adv. for the Respondent No.2. CORAM : J.H. BHATIA, J. DATED : MARCH 29, 2010 P.C. 1 After some discussion at the bar and after obtaining instructions from his client, the learned counsel for the respondent no.2, makes a statement that the respondent no.2 shall not create any third party interest and shall also not make any construction on the suit property, pending the suit. In view of this statement, the learned counsel for the appellants does not want to press the appeal. Statement made by the learned counsel for the respondent no.2 is accepted. Appeal stands disposed off as not pressed. The Civil Judge Senior Division, Thane shall expedite the hearing and dispose off the S.C.Suit No.117/08 as early as - 2 - possible preferably by the end of December, 2010. 2 As the appeal itself is disposed off, civil application nos. 1271/09 and 12/2010 do not survive and stand disposed off accordingly. (J.H. BHATIA,J.)