1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.382 OF 2009 WITH CIVIL APPLICATION NO.461 OF 2009 Municipal Corporation of Greater Mumbai .... Appellant V/s. Madhu Singhji ..... Respondent Mr.Vinod Mahadik, for the Appellant – Corporation. Mr.Atul Singh i/by D.R.Shah, for the respondent. CORAM :P.B.MAJMUDAR, J. DATE : OCTOBER 12, 2009 P.C. 1. The appellant is the original defendant against whom the respondent herein has filed a suit bearing No.L.C.Suit No.588 of 2007. By the impugned order, the appellant Corporation is restrained to act on the basis of the notice give on 30-06-2006 as well as to act upon the order dated 03-02-2007 for a period of four months from the date of the order or till the decision of the suit, which ever is earlier. 2. The learned counsel for the respondent states that subsequently the suit filed by the plaintiff is dismissed, against which his client has also filed an appeal. The appeal is also dismissed. 3. In view of the statement of the learned counsel for the respondent, this appeal from order has become infructous as it is filed 2 against an interlocutory order at the time of pendency of the suit. As the suit itself was dismissed, the appeal from order does not survive and has become infructous. The appeal from order is accordingly disposed of as having become infructous. Order accordingly. 2. In view of the disposal of the appeal from order, the civil application does not survive and the same is disposed of accordingly. ( P.B.MAJMUDAR, J.)