1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.901 OF 2003 Ramsevak R. Jaiswal ..Petitioner V/s. Jyoti S. Pandey & anr ..Respondents Mr.Anil Yadav i/b.Mr.Dhanesh R. Shah, Advocate, for the Petitioner None for the Respondents CORAM : A.S.OKA, J. DATE : 19TH APRIL, 2010 P.C. . Heard the learned Counsel appearing for the Petitioner. The Petitioner is the 1st Defendant in a Suit filed by the 1st Respondent. By the impugned Order, the Court Receiver, High Court, Bombay was appointed as Receiver of the suit premises. The Receiver was further directed to take over possession of the suit premises and to appoint the 1st Respondent/plaintiff as his Agent without any security and royalty. 2 2. This Court issued Rule on 25th March, 2003. By way of interim relief, this Court directed the Court Receiver to take over possession from the Petitioner. However, this Court directed the Receiver not handover the same to the 1st Respondent/Plaintiff. 3. The learned Counsel appearing for the Petitioner has placed on record a copy of the Order dated 23rd August, 2006 by which the Suit was dismissed in default. He has also placed on record a copy of the Order dated 17th April, 2009 passed by the Trial Court by which a Notice of Motion taken out by the 1st Respondent for setting aside the Order of dismissal of the Suit was dismissed in default. The learned Counsel appearing for the Petitioner on instructions states that as of today, the Suit has not been restored. The Writ Petition arises out of an interim order passed by the Trial Court in the Suit. The interim order stands vacated as a consequence of dismissal of the Suit. Hence, the Petition does not survive. The Petition is required to be disposed of as infructuous. If the Suit is restored and consequently if the impugned Order is restored, it 3 will be open to the Petitioner to file a fresh Petition for challenging the impugned Order. 4. Subject to what is observed above, the Writ Petition is disposed of as infructuous on the ground that the impugned Order is inoperative. If the Suit is restored and if the impugned Order is also restored, it will be open to the Petitioner to file a fresh Petition. 5. On expiry of a period of eight weeks from today, the Court Receiver, High Court, Bombay shall handover the possession of the suit premises to the Petitioner. On handing over the possession as aforesaid, the Court Receiver will stand discharged without passing accounts. The Court Receiver will serve prior notice to the 1st Respondent of the date fixed for handing over the possession of the suit premises to the Petitioner. The Court Receiver will act upon an authenticated copy of this Order. (A.S.OKA, J.) 4