SM 1 903.ao.554.11. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 554 OF 2011 WITH CIVIL APPLICATION NO. 772 OF 2011 IN APPEAL FROM ORDER NO. 554 OF 2011 Devdas Thimappa Kotian and others ....Appellants. Versus M/s. First Everest Developers ....Respondent. ____________ Mr. K. K. Malpathak for the Appellants. Mr. A. M. Saraogi for the Respondent. CORAM: R. M. BORDE, J. DATED : OCTOBER 13, 2011. P.C.: The respondent has tendered an undertaking in this court duly signed by the respondent. Undertaking is accepted. 2. In view of the undertaking tendered by the respondent, the Appeal from Order stands disposed of with a direction that the learned Judge of the City Civil Court shall proceed to decide the pending suit expeditiously. It would be open for both the parties to agitate all the points and make submissions before the Trial Court. The instant order is passed without entering into the merits of the controversy involved in the matter. 3. In view of the directions as above, the Appeal from Order stands disposed of. In view of disposal of the Appeal from Order, pending Civil Application does not survive and stands disposed of accordingly. (R. M. BORDE, J.)