IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 322 OF 2008 IN SUIT NO. 2999 OF 1994. Kobad Rustomji Noble.... ..... ...... ......Petitioner V/s Miss. Nelly Rustomji Noble. . ...... ......Respondent. Mr.R.A.Dada, Sr.Counsel i/by M/s.Doijode Asso. For the petitioner. Mr.Pankaj Gunwani i/by Solomon & Co., Adv. For respondent. CORAM: SWATANTER KUMAR, C.J. & A.P.DESHPANDE, J. DATED: 18th SEPTEMBER, 2008. PC: Learned counsel appearing for respective parties have placed on record minutes of order dated 17.9.2008 duly signed by parties and their respective counsel. For the purpose of identification said minutes of order are taken on record and as marked `X' . 2. It is further stated therein that in view of the terms recorded in minutes of order `X' suit has already been disposed of and it is prayed that the appeal be also disposed of. Having heard learned counsel for 1 respective parties we are of opinion that in view of minutes of order dated 17.9.2008 there is no reason why the appeal shall be kept pending. Consequently the appeal is disposed of in terms of said minutes of order marked `X' . Parties shall abide by their respective statements/undertakings. Notice of motion No.2733 of 2008 does not survive. CHIEF JUSTICE A.P.DESHPANDE, J. 2