1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 145 OF 2010 IN NOTICE OF MOTION NO.EXH 1 (COLLY) IN B.C.C.C. SUIT NO. 2196 OF 2004 M/s. Moonland Developers ... Appellant (Org.Plaintiff) Vs. Mr. Jagdish Kochar & Ors. ... Respondents (Orig.Defendants) Mr. Kunal Cheema,Advocate, for the appellant. Mr.Anoop Pandey,Advocate, for the respondent Nos. 1 & 6. Mr. R.D.Garde, Advocate, for respondent No.2. Mr. Nagendra B.Shukla i/b. B.P.Shukla, Advocates, for the respondent No.3. CORAM: J.H.BHATIA, J. DATE : 6th April, 2010. P.C. 1. Heard the learned Counsel for the parties. After some discussion at the Bar, with consent of the Counsel and the parties, the appeal is allowed subject to the appellant/plaintiff paying costs of Rs.5,000/- to each of the defendants/respondents Nos. 1 to 6. Costs to be deposited with the trial Court within 3 weeks from today. The impugned order on the Notice of Motion (Exhibit 1) as well as the dismissal of S.C. Suit No.2196 of 2004 are hereby set aside. The suit is restored to file of the City Civil Court at Dindoshi. The parties shall appear 2 before the trial Court on 28.4.2010. The trial Court shall give reasonable opportunity to the plaintiff to lead evidence. The parties shall not be granted any adjournment unless it is absolutely necessary. The trial Court shall expedite the hearing and dispose of the suit as early as possible. 2. As the appeal itself is disposed of, C.A. No.210 of 2010 does not survive and stands disposed of accordingly. (J.H.BHATIA,J.)