: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.73 OF 2003 ALONGWITH CIVIL APPLICATION NO.92 OF 2003 Rajan Naikar .. Appellant V/s. The Municipal Corporation of Greater Mumbai, Mumbai .. Respondents Ms. Geeta Shastri i/b. M/s. Khilnani & Co. for the Appellant-Applicant. Smt. K.K. Soraan for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 24 TH NOVEMBER, 2009. P.C.: 1. The learned Advocates for the parties agreed that the Suit is being tried. The evidence of the appellant-plaintiff is closed and the respondent- Municipal Corporation is to lead evidence now. 2. In this view of the matter, the Appeal from Order is disposed of. 3. However, the interim order granted in this Appeal from Order shall continue till the disposal of the Suit. : 2 : 4. In view of the above, the Civil Application No.92 of 2003 pending in the Appeal from order does not survive and the same is dismissed. .......