SM 1 8.ao.764.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 764 OF 2011 WITH CIVIL APPLICATION NO. 1011 OF 2011 IN APPEAL FROM ORDER NO. 764 OF 2011 Abdulgafoor Abdul Kadar and others ....Appellants. Versus M. Y. Hebsur and others ....Respondents. ____________ Mr. Haresh Meghani i/b M/s. DSK Legal for the Appellants. Mr. S. K. Jain for the Respondent Nos. 4 and 5. CORAM: R. M. BORDE, J. DATED : OCTOBER 13, 2011. P.C.: The counsel appearing for the respondent makes a statement that the S. C. Suit No. 81 of 2009 has already been withdrawn by the plaintiff and the order permitting withdrawal has been passed by the City Civil Court on 4th October, 2011. An uncertified copy of the order has been placed on record and same is marked ‘X’ for identification. 2. Considering the statement made by he counsel appearing for the respondent, this Appeal from Order which is against an interim order passed in pending suit is rendered infructuous. 3. The Appeal from Order, therefore, stands dismissed having become infructuous. In view of dismissal of the Appeal from Order, pending Civil Application does not survive and stands disposed of accordingly. (R. M. BORDE, J.)