1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1148 OF 2009 IN APPEAL FROM ORDER NO.519 OF 1999 M/s.Puria Traders Pvt.Ltd., ..Applicant V/s Municipal Corporation of Gr.Bombay & Ors. ..Respondents ---- Mr.Anil Singh i/by D.R.Shah for the applicant. Mrs.K.K.Soraan for the BMC. ---- Coram : R.S.MOHITE,J Date : 11th September, 2009. PC 1 This is an application moved by the original plaintiffs. The plaintiffs have filed the suit in the trial Court seeking injunction not to interfere with their rights to repair. In that suit an order was passed that the repairs would be carried out by the association subject to deposit of Rs.10 lakhs. That order was challenged by the original plaintiffs by filing this Appeal from Order and there is a stay of that order. It is now contended that since there is a stay of the order the plaintiffs carried out the repairs and therefore, the suit has virtually become infructuous. The question of refund of Rs.10 lakhs however remains. In these circumstances, C.A as well as A.O can be disposed off with liberty to the plaintiffs/ appellants to apply for withdrawal of the suit and refund of the deposit. If any such application is made, the same will be decided by the trial Court expeditiously. C.A as well 2 as A.O stand disposed off accordingly. (R.S.MOHITE,J)