: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1262 OF 2009 ALONGWITH CIVIL APPLICATION NO.1580 OF 2009 S.P. Builders .. Appellants V/s. The Chairman / Managing Tustee, Haji Haroon Siddick Charitable Trust & Ors. .. Respondents Mr. P.K. Dhakephalkar, Sr. Advocate, i/b. Mr. Amit Seth for the Appellants. Mr. A.Y. Sakhre, Sr. Advocate, i/b. Ms. A.B. Shah for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 15 TH DECEMBER, 2009. P.C.: 1. The Appeal from Order has been preferred against the order passed by the City Civil Court, Mumbai, on 2nd December, 2009 in Notice of Motion No.2042 of 2009 in S.C. Suit No.2488 of 2009. The City Civil Court has dismissed the Notice of Motion filed by the appellants. The appellants’ case in their Suit was that being the highest bidder for the suit property, they were entitled to purchase that property, as advertised. : 2 : 2. The respondents which is a charitable trust has informed the appellants by letter dated 8th October, 2009, that they are not interested in their offer or bid. This clearly shows that there is no concluded contract and, therefore, in my opinion, the trial Court has not erred in refusing interim relief to the appellants-plaintiffs. 2. The Appeal from Order is dismissed. 3. In view of the above, Civil Application No.1580 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......