IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL APPEAL APPEAL FROM ORDER NO. 3 OF 2008 FROM ORDER NO. 3 OF 2008 FROM ORDER NO. 3 OF 2008 WITH WITH WITH CIVIL CIVIL CIVIL APPLICATION NO. 5 OF 2008 APPLICATION NO. 5 OF 2008 APPLICATION NO. 5 OF 2008 Yar Mohammed Din Mohammed Haji & Ors. ..Appellants v/s The SRA & Ors. ..Respondents Mr. Mihir Desai, Advocate, for the appellants. Mr. Suresh Gole, Advocate, for the respondent no. 2. Mr. M.M. Vashi, Advocate, for the respondent no. 3. Mr. Amol Mhatre i/b J.G. Reddy for respondent no. 1. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: DATE: DATE: 17th March, 2008. 17th March, 2008. 17th March, 2008. P.C. P.C. P.C. 1. Heard learned counsel for the parties. The plaintiff - Appellant filed B.C.C.C. Suit (St.) No.4318 of 2007 challenging the agreement of 2002 as well as letter of intent issued by the respondent no. 1 in mid 2007. The plaintiff took out a Notice of Motion seeking stay to the operation of the agreement and the letter of : 2 : intent. However, the learned trial court by order dated 27-12-2007 directed to issue notice to the respondents without granting ad interim relief. Therefore, the plaintiffs have preferred the present Appeal. For the last about 3 months there is no interim relief operating in favour of plaintiffs and the notice of motion is still pending. In view of these circumstances, in my considered opinion this appeal may be disposed of with following directions:- 2. The Respondents, who had not yet filed their reply to the notice of motion, shall file the same within 2 weeks from this day and the trial court shall hear the parties and dispose of the notice of motion within 3 weeks thereafter. The trial court shall not be influenced by the observations made in the earlier order dated 27-12-2007 while disposing of the notice of motion on its own merits. 3. As Appeal itself is disposed of, the Civil Application does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)