1 CA-765-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi CVIL APPLICATION NO. 765 OF 2010 in APPEAL FROM ORDER NO 91 OF 2003 Mrs. Mohana Naidu .. Applicant (Orig. defendant No.1) Vs. Shri G.K.Balsunder & Ors. .. Respondents Mr. Deepali R. Patil,Advocate, for the applicant. CORAM: J.H.BHATIA,J. DATE : 13th September, 2010. P.C. 1. Heard the learned Counsel for the applicant. 2. The applicant had filed A.O. No.91/2003 against an order passed in 2002 in Notice of Motion No.4751 of 2002 in Suit no.6467 of 2002. The said A.O. was dismissed in default on 5.1.2010 on the ground that nobody was appearing for the appellant consistently. This Application is moved for restoration of the Appeal. As the A.O. was filed against the order in Notice of Motion, in my considered opinion, no purpose will be served by restoring that A.O. In all circumstances, the suit itself must have been disposed of by this time. If it is not disposed of, it may be directed to be disposed of within specified period. 2 CA-765-10.sxw 3. If S.C. Suit No.6467 of 2002 is still not disposed of finally, the trial Court shall expedite the hearing of that suit and dispose of the same till the end of January 2011. 4. With these directions, the present Application stands disposed of. (J.H.BHATIA,J.)