- 1 - ao111.10.fresh.172 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.111 OF 2010 WITH CIVIL APPLICATION NO.172 OF 2010 Smt.Neha Kishor Powale & ors. Appellants vs Shri Kishor H.Powale & ors ..Respondents Mr.J.M.Puranik for Appellant Mr.C.A.Sawant for Respondent nos.1 & 2 Mr.D.Dhankar i,b Mr.D.A.Lad for Respondent no.3 ... CORAM: J.H.BHATIA, J DATE : 24th August, 2010 P.C. 1. Heard learned counsel for the parties. It appears that the trial court had refused ad interim relief when the draft Notice of motion, which later on came to be registered as Notice of Motion No.2106 of 2007, was tendered. Against that order Appeal from Order No.583 of 2005 was filed wherein this court had granted ad interim relief. It - 2 - ao111.10.fresh.172 appears that while finally hearing and disposing of Notice of Motion, the trial court felt that when the relief has been granted by the High Court that serves the purpose and no further order is required in one more Notice of motion. In fact, it was not a separate Notice of motion but, it was the same Notice of Motion, which was still pending. As the said Notice of Motion has been finally disposed of, this court has today disposed of Appeal from Order No.583 of 2005 as infructuous and order passed therein has also been vacated. It appears that Notice of Motion No.2106 of 2007 was not decided on its own merits but, it was influenced by the ad interim relief granted by the High Court. 2. The picture is now clear by the above observations and the impugned order is therefore, set aside and the trial court is - 3 - ao111.10.fresh.172 directed to hear the parties in Notice of Motion No.2106 of 2007 and to decide the same on its own merits without being influenced by the observations made in the impugned order dated 8.12.2009 or in this order. As the appeal itself is disposed of, Civil Application No. 1723 of 2010 does not survive and stands disposed of accordingly. J.H.Bhatia, J - 4 - ao111.10.fresh.172 - 5 - ao111.10.fresh.172