: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.883 OF 2003 Shri Motilal K. Thanvi .. Appellant Versus Shri A.J.Shah and Ors. .. Respondents Mr.M.R.Katikar for appellant. None for respondents CORAM : P.V.KAKADE, J. DATE : 9TH SEPTEMBER, 2004. P.C.: 1. Heard Mr.Katikar, the learned counsel for the appellant. He fairly brings to my notice that the suit in fact not maintainable as can be seen from para 16 of the Judgment of the Lower Court. Consequently the Order of dismissal of the suit appears to be correct, therefore, in view of the facts and circumstances the appeal stands dismissed. 2. Parties to act on a copy of this order duly : 2 : authenticated.