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Judgment
Manoj Jain, J
CM APPL. 48900/2024 & FAO 255/2024
The appellant has moved present application seeking ad-interim relief.
After hearing the arguments for some time, learned counsel for the appellant states that he has sought instructions from the appellant and the appellant seek permission to withdraw the present appeal, without prejudice to his rights and contentions. It is, however, prayed that the learned Trial Court may be requested to expedite the disposal of the suit.
The present appeal has been filed under Order XLIII Rule 1(r) CPC and challenges order dated 21st March, 2024 whereby the application moved by the appellant under order XXXIX Rule 1 and 2 CPC has been dismissed.
It is noticed that when the appeal was lodged, there was some delay in lodging the appeal also and notice was issued to all the concerned respondents for 28th October, 2024.
Be that as it may, in view of the aforesaid statement made by the learned counsel for the appellants, the present appeal is disposed of as not pressed.
Simultaneously, learned Trial Court is requested to make best endeavour and to dispose of the suit as expeditiously as possible, preferably within one year from today.
Needless to say, all the sides concerned shall extend their best cooperation and assistance in this regard to the learned Trial Court and no party would seek any unnecessary adjournment.
The appeal stands disposed of in aforesaid terms.
The next date of 28.10.2024 stands cancelled.