IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO. 115 OF 2008 APPEAL FROM ORDER NO. 115 OF 2008 APPEAL FROM ORDER NO. 115 OF 2008 WITH CIVIL APPLICATION NO. 9 OF 2008 IN NOTICE OF MOTION NO. OF 2008 IN B.C.C.C. SUIT ST. NO. 114 OF 2008 M/s. P.K.Hospitality Services Ltd. .. Appellants (Org.Plaintiffs) Vs. Mumbai International Airport Pvt.ltd. & Ors. ..Resondents Mr. Vishwajeet Sawant, Advocate, a/w Mr. Vinay J.Hegde, Advocate, for the appellants. Mr. Pravin Samdani, Advocate, a/w Mr. satyavikram Jagtap i/b. M/s. Wadia Ghandy & Co. for respondent No.1. Mr.A.B.Ketkar, a/w M/s. Kavita Anchan i/b. M.V.Kini & Co. for respondent No.2. Mr. S.V.More, AGP, for respondent No.3. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 14th February,2008. DATE: 14th February,2008. DATE: 14th February,2008. P.C. P.C. P.C. 1. Heard learned Counsel for the parties. 2. On the last date, the learned Counsel for the respondent No.1 had made a statement that the disputed Kiosk has already been demolished and it is no more in existence. The leaned Counsel for the plaintiffs-appellants admits this factual position but contends that due process of law has not been followed in dispossessing the plaintiff and demolishing the Kiosk. These questions may be considered by the trial Court. 3. As far as this Appeal is concerned, it was only against the refusal of the trial Court to grant ad-interim relief in respect of Kiosk. As the Kiosk itself is not in existence now, the present Appeal has become infructuous and, therefore, stands disposed of accordingly. 4. The plaintiffs-appellants shall be at liberty to move any application before the trial Court as may be permissible in law. 5. As the Appeal itself is disposed of, the C.A. does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)