-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1067 OF 2008 APPEAL FROM ORDER NO. 1067 OF 2008 APPEAL FROM ORDER NO. 1067 OF 2008 ALONGWITH ALONGWITH ALONGWITH CIVIL APPLICATION NO. 1313 OF 2008 CIVIL APPLICATION NO. 1313 OF 2008 CIVIL APPLICATION NO. 1313 OF 2008 IN A.O. NO. 1067 OF 2008 M/s. Magdum and Latthe .. Appellant. V/s. Annasaheb Gundapa Lale, deceased by LRs; 1. Rajiv Annasaheb Lele and another .. Respondents. --- Mr. N.J. Patil for the Appellant. ---- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 05th MAY, 2009 DATED : 05th MAY, 2009 DATED : 05th MAY, 2009 P.C. : P.C. : P.C. : 1. Mr. Patil, the learned counsel appearing for the appellant submits that the impugned order has already been set aside on 20th of March, 2008 by this court in writ petition no. 1527 of 2008 and the matter is remanded back to the lower appellate court. In view of this statement, nothing survives in this Appeal from Order and the same is rendered infructuous. 2. The Appeal from Order is disposed of as infructuous. In view of this, civil application will not survive and the same is also disposed of as such. -: 2 :- (R.V.MORE,J.)