1 498.11-ao IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 498 OF 2011 Anantkumar Asharam Jain. ... Appellant. V/s. Surajchand Bhaktawarchand. ... Respondent. Chirag J. Shah i/b. N.Raja for the appellant. P.S.Tiwari for the respondent. CORAM: R.M.BORDE, J. DATED : 22nd September 2011. P.C. : The notice of motion was taken out by the plaintiff seeking order of injunction against the respondent/ original defendant restraining from raising any construction in respect of tenanted premises. The notice of motion has been rejected by the trial Court by order dated 7th February 2011. The counsel appearing for the respondent- tenant contends that necessary repairs/ construction have been completed during the intervening period. In this view of the matter, there is no propriety to hold any inquiry in respect of correctness or otherwise of the impugned order passed by the trial Court. It would, however, be open for the appellant/ original plaintiff to point out the developments occurred during the continuance of the 2 498.11-ao proceeding and seek an appropriate order. It is clarified that this order is passed without considering merits or demerits of the impugned order and it would be open to the trial Court to deal with such application that may be presented by the appellant/ original plaintiff seeking appropriate relief. 2. Appeal from order stands disposed of. In view disposal of appeal, pending civil application does not survive and stands disposed of accordingly. (R.M.BORDE, J.)