1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.89 OF 2009 Usha Singh & Ors. ..Appellants. Versus Pawankumar P. Thakur ..Respondent. Mr.Pankaj S. Shah for the Appellants. Mr.R.D. Sawant for the Respondent. CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 23RD JUNE, 2009 P.C. :- Heard. 2. Admit. 3. Respondents waive service. 4. We have heard the Appeal with the consent of the parties. We have also noted that Notice of Motion No.3436 of 2006 has also been disposed off on 4.5.2009. 5. By consent, the impugned order is quashed and set aside with liberty to the parties to approach the trial Judge in Suit No.6283 of 1999 for expeditious disposal of Notice of Motion No.3114 of 2005. 6. We clarify that in case Notice of Motion No.3114 of 2005 has 2 already been disposed off, in view of the impugned order, herein set aside, we direct that the Notice of Motion shall stand restored and to be heard afresh. (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)