: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1075 OF 2009 ALONGWITH CIVIL APPLICATION NO.1323 OF 2009 Roma Builders Pvt. Ltd. .. Appellants V/s. Rohidas Dadu Manera & Ors. .. Respondents Mrs. Anulata Soundankar i/b. Ms. Gauri Godse for the Appellants. None for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 3 RD MARCH, 2010. P.C.: 1. Ms. Soundankar, appearing on behalf of the appellants, states that the Appeal from Order has become infructuous in view of the fact that the Suit itself, from which this Appeal from Order arises, has been dismissed. 2. The Appeal form Order is, therefore, dismissed as infructuous. 3. In view of the above, Civil Application No.1323 of 2009 pending in the Appeal from Order does not survive and the same is also dismissed as infructuous.