1 30 caf.1222.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1222 OF 2011 IN FIRST APPEAL NO. 411 OF 2009 Subodh S. Shah and another. ... Applicants Versus Laxmi Industrial Estate and others. ... Respondents ----- Mr.R.A.Thorat i/b Mr. K.P.Mali for the Applicants. Mr. R.A.Iyer i/b Khaitan and Company for Respondent Nos.2, 4, 6 & 8. ----- CORAM : A.S.OKA, J. DATE : 13 th September, 2011. P.C. 1 The prayer in this application is for vacating the order dated 27 th July, 2009 passed in the Civil Application No.473 of 2009. The subsequent order dated 2 nd December, 2010 passed by this Court on the same application shows that by consent of the parties, the order dated 27 th July, 2009 was continued and in fact the Civil Application No.473 of 2009 was disposed of in terms of the order dated 27 th July, 2009. 2 30 caf.1222.11 2 The order dated 27 th July, 2009 has been affirmed by the Apex Court by order dated 4 th December, 2009. The Apex Court granted liberty to the Applicants to apply for vacating interim order dated 27 th July, 2009. Subsequently, by the order dated 2 nd December, 2010 by consent of the parties, the order dated 27 th July, 2009 was continued and the Civil Application was disposed of in terms of the said order. Therefore, the present application for vacating the order dated 27 th July, 2009 is totally misconceived and the same will have to be rejected only on the ground that on 2 nd December, 2010, by consent of the parties, the order dated 27 th July, 2009 was continued as interim order. The learned counsel appearing for the Applicants submits that the order dated 2 nd December, 2010 does not take away the right of the Applicants to apply for vacating the order dated 27 th July, 2009. So long as the order dated 2 nd December, 2010 is operative, the Applicant cannot apply for vacating the earlier order dated 27 th July, 2009. Hence, the application is rejected. However, liberty is granted to the Applicants to apply for appropriate clarification as regards the order dated 2 nd December, 2010. [ A.S.OKA, J ]