:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE APPEAL FROM ORDER NO.482 OF 200 APPEAL FROM ORDER NO.482 OF 200 APPEAL FROM ORDER NO.482 OF 2006 WITH WITH WITH CIVIL APPLICATION NO.674 OF 2006 CIVIL APPLICATION NO.674 OF 2006 CIVIL APPLICATION NO.674 OF 2006 Parasi Central Association ...Appellant. v. Shubh Enterprises & Ors. ...Respondents. Mr. D.D.Madon Sr.Counsel a/w P.Colabawalla a/w Ferhan Dubash i/by Mulla & Mulla CBC , advs. for the Appellant. Mr.Gourab Banerjee a/w. Jayesh Vyas i/by Divya Shah Associates , advs. for the Respondent Nos.1 to 6. Mrs.Geeta Joglekar, adv. for the BMC. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 28th February, 2008. DATE: 28th February, 2008. DATE: 28th February, 2008. P.C. P.C. P.C. 1. This appeal is filed by the original plaintiff against the dismissal of the notice of motion taken out in the year 2003. Notice of motion was dismissed on 5th May, 2006 and no interim relief is operating against the defendants. By order dated 21st July, 2006, this Court had also noted this fact and refused to grant ad-interim relief. However, it was made clear that if any steps are taken by the respondents/defendants with respect to suit property, the same shall be subject to the outcome of the present proceeding and will be entirely at their risk as to costs and consequences. Today, the learned counsel for both the parties consented that the appeal :2: itself may be disposed off and the above referred direction may be continued till disposal of the suit and the trial Court may be directed to expedite the hearing and dispose off the suit within specified period. 2. Therefore, appeal stands disposed off with the direction to the trial Court to expedite the hearing of the B.C.C.C. Suit No.249 of 2003 and dispose off the same as early as possible and preferably within one year from this day. The above referred order dated 21st July, 2006 passed by this Court shall operate till the pendency of the suit. The trial Court while deciding the suit shall not be influenced by any observations made in the impugned order whereby notice of motion was dismissed. 3. As the appeal itself is disposed off, civil application does not survive and stands disposed off accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)