- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUATION SHEET. CONTINUATION SHEET. CONTINUATION SHEET. APPEAL APPEAL APPEAL FROM ORDER NO.215 OF FROM ORDER NO.215 OF FROM ORDER NO.215 OF 2004 2004 2004 M/s.Sreeji Enterprise ...Appellant vs. Tulsidas Charitable Trust & Ors. ...Respondents Mr.V.A.Gangal h/f Mr.A.K.Saklikar for Respondent no.1 CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 14,2005. : MARCH 14,2005. : MARCH 14,2005. P.C.: P.C.: P.C.: 1. None appears for the Appellant when the Appeal is called out. Shri Gangal, learned Counsel for the Respondent No.1 invited my attention to paragraph No.4 of the Affidavit-in-reply dated 21st February 2005. In paragraph No.4 it is stated that S.C.Suit No.3147 of 2003 has been dismissed by the learned Trial Judge. Shri Gangal stated that till today the suit is not restored. The statement made by the learned Counsel for the Respondent No.1 is accepted. 2. In view of the said statement nothing survives in the Appeal. Accordingly, Appeal is dismissed with no order as to costs. 3. In case the suit is restored, it will be open for the Appellant to apply for restoration of the Appeal. 4. Parties to act upon an authenticated copy of this order. JUDGE. JUDGE. JUDGE.