AO.260-07 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 260 OF 2007 Balu Pundlik Vidhate & ors. .. Appellants Vs. Kaji R. Januroddin (since deceased through LRs) & Ors. ..Respondents Mr. R. D. Soni i/b M/s. Ram & Co., for the Appellants. Mr. A. B. Tajane, for Respondent Nos. 1A to E & 2. CORAM : R. C. CHAVAN, J. DATED : JULY 27, 2010. P.C. : . This appeal is directed against the order passed by the trial Judge on 13th March, 2007 below Application (Exh. 249) in Special Civil Suit No. 351 of 1999 whereby the appellants’ defence was struck off. On account of interim orders passed in this appeal, the defence of the appellant was taken on record and considered by the trial Court and the trial Court has decided the suit against the appellants. Thus, defence of the appellant has already been taken into consideration by the trial Court. The appellants have filed substantive appeal against the judgment AO.260-07 - 2 - and decree passed in the suit. In view of this, present appeal has become infructuous. Appeal is therefore, dismissed being rendered infructuous. Sd/- [R. C. CHAVAN, J.]