: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.55 OF 2009 ALONGWTH CIVIL APPLICATION NO.331 OF 2009 Sir Mohamed Yusuf Trust Ex-Khotee .. Appellants V/s. The State of Maharashtra .. Respondents Mr. S.P. Kanuga i/b. Smt. Sapna N. Nath for the Appellants. Mr. A.R. Patil, AGP, for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 2 ND DECEMBER, 2009. P.C.: 1. This Appeal from Order has become infructuous since the Suit from which this Appeal from Order arises has been dismissed on 5th February, 2009 by the City Civil Court, Bombay, for want of prosecution. Hence, the Appeal from Order is dismissed. 2. In view of the above, Civil Application No.331 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......