1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8580 OF 2006 WRIT PETITION NO. 8580 OF 2006 WRIT PETITION NO. 8580 OF 2006 Narayan Pandurang Muthal & Ors. ...Petitioners (Oig.Defts.Nos.2 to 6) Versus Ashok Krushnaji Muthal & Anr. ..Respondents (Resp.No.1 -org.Deft.No.1 Resp.No.2 -org.Deft.No.1 Mr. Balasaheb Deshmukh i/b. Mr. U.P.Warunjikar,Advocates for the petitioners. Mr. Sachin Gite, Advocate, for respondent No.1. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE: 5th December,2008. DATE: 5th December,2008. DATE: 5th December,2008. P.C. P.C. P.C. 1. The respondent No.1 had filed the suit for declaration and perpetual injunction. That suit was dismissed and he preferred Regular Civil Appeal No.24 of 2 2006. In the appeal he filed an application Exhibit 5 and on that application, the impugned order was passed on 29.3.2006 whereby the learned Additional District Judge restrained the present appellants/respondents Nos. 2 to 6 in the appeal from alienating the properties or creating third party interest therein pending the appeal. That order is challenged in the present writ petition by the original defendants. 2. When the matter was taken up for admission and disposal, the learned Counsel for the respondent no.1, who is the original plaintiff, makes a statement on instructions that the appeal filed by the respondent No.1 has been dismissed in default by the appellate Court in January, 2008 and in view of this, the present petition has become infructuous. Therefore, the petition stands disposed of as infrucutuous. 3. In case the appeal is restored to file, the appellate Court shall hear and dispose of the said appeal finally within three months from the date of restoration. 3 (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)