Chandka 1 APP-490-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 490 OF 2009 IN NOTICE OF MOTION NO. 3596 OF 2008 IN NOTICE OF MOTION NO. 3986 OF 2005 IN SUIT NO. 3387 OF 2005 WITH NOTICE OF MOTION NO. 3880 OF 2009 IN APPEAL NO. 490 OF 2009 Shubhangi Sudhakar Dhuru & Ors. ..Appellants versus Smita Rajesh Chawan & Anr. ..Respondents Mr. Prakash G. Lad for Appellants. Mr. Vishal C. Ghosalkar for Respondents. CORAM : DR. D. Y. CHANDRACHUD & ANOOP V. MOHTA, JJ. 31 January 2011. P.C. : The learned counsel appearing on behalf of the Appellants and the learned counsel appearing on behalf of the original Plaintiffs (the First and Second Respondents) are agreed that the impugned Orders of the learned Chandka 2 APP-490-09 Single Judge dated 9 September 2008 and 29 September 2009 be set aside by consent without recording of any reasons and Notice of Motion No. 3986 of 2005 be restored to the file of the learned Single Judge for fresh disposal. In the circumstances by consent there shall be an order in these terms. Pending the hearing and final disposal of the Notice of Motion, the ad interim order of the learned Single Judge dated 23 December 2005 shall continue to remain in operation. The learned counsel for the Appellants also states that the Appellants shall maintain the status quo in respect of the suit properties until the Motion is heard. The Appeal is accordingly disposed of. 2. In view of the disposal of the Appeal, the Motion No. 3880 of 2009 does not survive and is accordingly disposed of . (Dr. D. Y. Chandrachud, J.) (Anoop V. Mohta, J.)