: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1058 OF 2004 APPEAL FROM ORDER NO.1058 OF 2004 APPEAL FROM ORDER NO.1058 OF 2004 IN NOTICE OF MOTION NO.4613 OF 2004 IN S.C. SUIT NO.5048 OF 2004 ------------------------------------------------------------------ Office Notes, Office Memoranda ¦ Court’s or Judge’s of Coram, appearances, Court’s ¦ Orders Order or Directions and ¦ Registrar’s Orders ¦ ------------------------------------------------------------------- Mr.A.C. Singh i/b D.R. Shah for Appellant Mr.R.S. Anand for Respondents CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DECEMBER 21, 2004 DECEMBER 21, 2004 DECEMBER 21, 2004 . This Appeal from Order has been filed against the refusal of an ad-interim order. A contention is raised on behalf of the Appellant that the car parking in the open spaces is continuing despite certain clauses to the contrary in the agreement. I am of the view that no interference is called for at this stage since the Appeal from Order has been filed against an order in which ad-interim relief has been refused. However, the interests of justice will be served if the hearing of : 2 : the Motion is expedited. 2. Appeal from Order is disposed of accordingly. Notice of Motion is expedited. 3. In view of the Appeal from Order being disposed of, nothing survives in Civil Application No.1498 of 2004 and the same is disposed of accordingly.