1 ao-229.05 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.229 OF 2005 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. None appears for the parties. -- CORAM : A.S.OKA, J. DATE : 30TH MARCH, 2011 P.C.: . None appears for the Appellant when the Appeal was called out for final hearing. The challenge in this Appeal is to the order passed on the Notice of Motion taken out by the Appellant. There was no ad-interim relief granted during pendency of the Notice of Motion. The Notice of Motion has been dismissed. 2. While passing an order on Civil Application No. 2915 of 2005 in this Appeal, on 28th February, 2005 this Court has accepted the statement made by Respondent No.4 in the affidavit in reply in which it is stated that he 2 ao-229.05 has neither submitted a plan nor has any intention to construct any residential flat in stilt portion. He has also stated that he has never objected to coming and going therefrom. This Court has already accepted the statement made in the affidavit in reply. 3. Hence, as of today, no case is made out for grant of interim relief in the suit. In case of change circumstances, the remedy under Rule 4 of Order XXXIX of the Code of Civil Procedure, 1908 is always open provided the suit is still pending. 4. Subject to what is observed above, the Appeal is dismissed with no orders as to costs. (A.S.OKA, J)