1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION REVIEW PETITION STAMP NO.4230 OF 2009 IN APPEAL FROM ORDER NO.1115 OF 2005 Diwakar B. Singh ...Petitioner. v. Smt. Chhabiraji Devi B. Singh (Deceased) & Ors. ...Respondents. Mr. Ghanshyam R. Mishra, adv. For the Petitioner. Mr.V.B.Tiwari, adv. For the Respondent Nos.1 to 4. CORAM : J.H. BHATIA, J. DATED : 5th February , 2010. P.C. 1 Heard the learned counsel for the Parties. This Court by an order dated 30th November, 2007 had disposed off the Appeal From Order No.1115 of 2005 giving certain directions including appointment of receiver and appointment of the agent of the Court Receiver. With consent of the learned counsel for both the parties, it was also directed that arrangement would continue pending the suit between the parties. This application is filed for review of that order on the ground that the respondents, who are original plaintiffs and appellants in Appeal From Order had not disclosed before the Court that the Short Cause Suit No. 2 3203 of 2000 was also dismissed in default and as there was no suit pending at that time, the appeal itself had become infructuous and no order could have been passed. Therefore, Mrs. Masurkar, advocate for the Respondents, who had appeared for the Appellants in Appeal From Order on that day was asked to remain present. Accordingly, she has appeared and she pointed out that while she herself and senior counsel Mr.Desai were instructed only to appear in appeal, Mr. Ghanshyam Mishra, advocate for the respondent in Appeal From Order was himself appearing for the defendant/respondent even before the trial Court. When the suit had already been dismissed, he should have pointed out this fact to the Court but he did not bring this fact to the notice of the Court. It is material to note that same advocate, Mr. Ghanshyam R. Mishra has filed the present review petition. 2 In the above given circumstances, the order passed on 30th November, 2007 could have been recalled on the ground that the suit itself is not pending but it is brought to my notice that an application for restoration of the suit was filed and after hearing the parties, the suit has been restored and it is very much pending before the City Civil Court, Mumbai. At present, in these circumstances, the order dated 30th November, 2007, which was passed with consent of the parties and in 3 the best interest of both the parties, needs no review. 3 For the aforesaid reasons, review application stands dismissed. 4 All the parties to act on an authenticated copy of this order. (J.H. BHATIA,J.)