: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.158 OF 2010 ALONGWITH CIVIL APPLICATION NO.227 OF 2010 Shyamsunder Radheshyam Agarwal .. Appellant V/s. Ramakant Janardhan Samel & Ors. .. Respondents Mr. V.B. Naik i/b. Mr. S.D. Patil for the Appellant. Mr. Prasad Dani with Mr. Sanjay Kotak, Mr. Parimal Shroff, Mr. Himanshu Mahajan Ms. Tania Johny and Mr. Pinakin Mody i/b. Parimal K. Shroff & Co. for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 26 TH FEBRUARY, 2010. P.C.: 1. The Appeal from Order has been preferred against the judgment and order dated 29th August, 2009, passed by the Civil Judge, Senior Division, Vasai in Special Civil Suit No.52 of 2009, by which the application for interim relief filed by the appellant-plaintiff has been rejected by the trial Court. It appears from the findings of the trial Court that the appellant claims to have been assigned the rights in the suit property by the : 2 : present respondent No.7. Thereafter, it appears that respondent No.7 has settled its dispute with respondent No.8 and the consent terms have been filed in a Suit pending between them. These consent terms have not been challenged by the appellant in the present Suit. 2. Mr. Naik appearing for the appellant submits that he would be challenging the consent terms by filing an application for amendment of the plaint. 3. If such an application is made, that application will be decided on merits by the trial Court. 4. The Appeal from Order is dismissed accordingly. 5. In view of the above, Civil Application No.227 of 2010 pending in the Appeal from Order does not survive and the same is dismissed as infructuous.