: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.215 OF 2007 Shri Nayan Prakash Sarju Prakash Singh ... Appellant V/s. Murlidhar Vishindas Lund & Ors. ... Respondents Mr.P.S. Dani for Appellant Mr.S.G. Karandikar with N.C. Parekh for Respondent Nos.1 & 2 CORAM: SMT.NISHITA MHATRE, J. DATED: FEBRUARY 23, 2010 P.C.: 1. The appeal has been preferred against the order passed on February 3, 2007 by which Special Civil Suit No.115 of 2006 has been remanded to the trial Court for a fresh decision. Although the appeal from order has been filed in 2007 this Court has not granted any stay to the impugned order of the appeal Court. Thus, in my view, there is no need to entertain this appeal from order after three years. Written statement has already been filed and issues are to be framed. 2. Appeal from Order is rejected. All contentions raised by the parties before the appellate Court are left open to be decided by the parties before the appellate Court are left open to be decided by the trial Court. The observations made by the appeal Court shall not influence the trial Court while deciding the suit.