2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO. 81 OF 2009 WITH CIVIL APPLICATION NO. 3701 OF 2009 (Suresh Bhaskar Bande and ors.V/s.Girdharilal s/o.Ramnarayan & ors.) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 15.09.2009 1. Adv. Shri J.M. Murkute is present for the appellants. Adv. Shri A.S. Lomte for respondent Nos. 2,3 & 5 and Adv. Shri Pradeep Shelke h/f. Adv. Shri S.J. Salunke for respondent No. 6 are present. 2. The learned advocate for the respondent Nos. 2,3 & 5 produced on record certified copy of order showing that suit itself is dismissed on 02.09.2009. Said certified copy is taken on record and marked "X". Earlier on 09.09.2009 the learned advocate for the appellant wanted time to verify this fact. In view of 2 certified copy produced on record, this appeal from order does not survive. The same is disposed of as infructuous. 2. Adv. Shri J.M. Murkute for the appellants states that he has taken steps for restoration of the suit. If the suit is restored in future, he is at liberty to move this Court by filing appropriate proceedings. 3. In view of dismissal of appeal from order, Civil Application No. 3701 of 2009 does not survive and it is disposed of as such. [P.R. BORKAR,J.] snk/2009/SEP09/ao81.09