1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.578 OF 2009 IN NOTICE OF MOTION NO.3685 OF 2009 IN SUIT NO.2667 OF 2009 WITH NOTICE OF MOTION NO.4263 OF 2009 IN APPEAL NO.578 OF 2009 IN NOTICE OF MOTION NO.3685 OF 2009 IN SUIT NO.2667 OF 2009 Rizvi Estate Hotels Pvt. Ltd. .... Appellant V/s. Sushila Puran Nath Barry and Ors. ..... Respondents Mr.D.D.Madan, Sr.Advocate, a/w Mr.Sandeep Bhimekar i/by Wadia Ghandy & Co., for the appellant. Mr.T.N.Subramanian, Sr.Advocate with Mr.Rajesh Shah, Satyem Vora, Ashish Suryavanshi, Rohan Yagnik i/by Makrand Gandhi & Co., for respondent No.5. CORAM :P.B.MAJMUDAR, & R.V.MORE, JJ. DATE : DECEMBER 15, 2009 P.C. 1. In our view, this appeal which has been filed at an interlocutory stage, is not required to be entertained as the notice of motion is still at large before the learned Single Judge. However, 2 considering the facts and circumstances of the case, we request the learned Single Judge to dispose of the notice of motion at the earliest and preferably by 31-01-2010. It is clarified that we have not expressed any opinion on the subject matter and the notice of motion may be disposed of as per the prima facie evidence on record and solely being uninfluenced by the observations made in the impugned order while rejecting ad-interim relief. 2. In view of what is stated above, the appeal is dismissed with no order as to costs. 3. In view of the disposal of the appeal, the notice of motion does not survive and the same is accordingly disposed of. ( R.V.MORE, J. ) ( P.B.MAJMUDAR, J.)