* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 495 OF 2008 IN NOTICE OF MOTION NO. 258 OF 2007 IN S.C.SUIT NO. 4109 OF 1980 Anil Gulabdas Shah and Ors. .......Appellants Verus Ashram Tiwari (since deceased through legal heirs) Mrs.Kalavati Ashram Tiwari & Ors. ........Respondents ------------ Shri.Anil G.Shah, petitioner in person. Shri.Prateek Saksaria with Shri.Abhishek Sawant i/by.Wadia Ghandy & Co. adv.for respondents. Coram: Smt.R.P.SondurBaldota, J. Dated : 4 th August, 2008. P.C. : 1. This Appeal is to challenge the order dated 23rd January, 2008 passed on the Notice of Motion taken out by the appellant before the City Civil and Sessions Court at Bombay. The impugned order is common to the four Notices of Motions taken out by the appellant who appears in person. The present appeal concerns Notice of Motion No. 258 of 2007. By this Notice of Motion, the appellant prays that the defence of the defendants * 2 * be struck off on the ground that the defendants cannot be heard in view of the order dated 23rd April, 2004 passed by this court in Civil Application No.768 of 2003 in Appeal from Order No.605 of 1999. 2. The Notice of Motion has been dismissed by the trial court with an observation that the same is totally mischievous and misconceived. Unfortunately, the trial court has not given reasons for the observation. 3. It is the appellants own case that , hearing of the suit has been stayed by the Apex Court. In the circumstances, there is no question of considering the prayer on merits by the trial court until the stay is vacated. In the circumstances, the Appeal from order is dismissed. In the facts and circumstances of the case, the parties to bear their own costs. [Smt.R.P.SondurBaldota, J]