IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Appeal (Ld). No.810 of 2003 in Summons for Judgment no.1266 of 2001 in Summary Suit No. 1089 of 1999 with Notice of Motion No.2478 of 2003 Dr.Pankaj Champaklal Gandhi ..Appellant vs. Smt.Savitriben M.Sanghvi ..Respondent Appellant in person. Mr.S.K.Punder with Mr.D.R.Sanghvi for respondent. CORAM: A.P.SHAH & CORAM: A.P.SHAH & CORAM: A.P.SHAH & S.J.VAZIFDAR JJ. S.J.VAZIFDAR JJ. S.J.VAZIFDAR JJ. 2nd March, 2005 2nd March, 2005 2nd March, 2005 P.C. P.C. P.C. 1. By the impugned order dated 10th December, 2002, learned single Judge made the summons for judgment absolute and passed the decree against the appellant. The appellant moved a Notice of Motion No.3596 of 2000 for setting aside the exparte decree. This notice of motion came to be dismissed on 9th January, 2003 on merits. The learned single Judge recorded a finding that the appellant failed to make out any defence to the summary suit. Against the order dated 9th January, 2003 appeal was preferred before the Divisison Bench which came to be dismissed on 9th June, 2003. In view of dismissal of the notice of motion and the appeal, the present appeal filed by the appellant seeking to challenge the order dated 10th December, 2002 is clearly not maintainable. Hence Notice of Motion as well as the appeal are dismissed.