IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.951/2007 Rizvi Land Developers Pvt.Ltd. Appellant/ Vs. M/s Housing Development And Improvement India Pvt.Ltd. Respondent Mr.G.S.Hegde i/b R.R.Kalekar for appellants Mr.T.N.Subramaniam ,Sr.Advocate with Mr.Rajesh Shah with Mr.Vora i/b M/s Markant Gandhi & Co. CORAM: S.B.Mhase , & Prasanna B.Varale , J.J. DATED : August ,7 ,2008. P.C. 1] Heard. This appeal is directed against the order dated 11th October,2008 in Notice of Motion no.3288/2006 in suit no.2000/06. Initially the motion was taken out and order of maintaining status quo was passed .However,thereafter the suit was withdrawn by the counsel and the Motion was disposed of. At later stage motion was taken out to restore the suit and to revive interim order. The Single Judge has restored the suit. However, he has not revived the interim order. Being aggrieved by that, the appellant has approached this Court . 2 2] We find that the order passed by the learned Single Judge is just and proper . No interference is warranted because after disposal of the suit and till the restoration several facts may have taken place of which cognizance is required to be taken by the Court. There cannot be automatic revival of the interim order on the restoration of the Suit. The Single Judge has given liberty to the appellant to file fresh application in which the prayer for interim order with change in circumstances after the withdrawal of the suit can be considered by the Single Judge and therefore, we are not inclined to entertain the appeal. The appeal is hereby rejected. (Prasanna B.Varale,J.) (S.B.Mhase, J.)