1 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 738 OF 2010 IN CIVIL APPLICATION NO. 928 OF 2010 Prabhulal K. Sharma ..... Appellant Vs. M/s. Heena Builders & anr ..... Respondents Mr. J.N. Jayale Adv. For the appellant None For the respondent. Mr. Prabhulal K. Sharma- appellant in person present. CORAM : R.G. KETKAR, J. DATE : 9th July, 2010. P.C. : Not on board. Mentioned due to urgency. 1. This appeal is directed against the order dated 6-5-2010 passed by the learned Judge of the City Civil Court at Dindhoshi (Borivili Division), Mumbai in Notice of Motion No. 1397/2010 in S.C. Suit No.1128/2010. The learned trial Judge declined to grant ad-interim order and observed that the respondent no.1/defendant no.1 is unable to demolish the suit premises by executing joint agreement in favour of the plaintiff and 2 defendant no.2 in respect of the suit premises. 2. Heard the learned counsel for the appellant. He submits that the main suit is disposed of in terms of consent terms and therefore the Appeal From Order has become infructuous. He further states that the appellantPrabhulal K. Sharma is present in the court. In clause 8 of the consent terms the appellant gave undertaking to the City Civil Court that he will withdraw the Appeal from Order within a period of one week from the date of filing of consent terms. In view of the said undertaking, he has moved this court by way of production for withdrawing the Appeal form Order. 3. Since the suit is disposed of in consent terms, the appeal from order has become infructuous and the same is dismissed as infructuous with no order as to costs. 4. In view of the disposal of the appeal from order, no orders are necessary in the Civil Application no. 928/2010 and the same is also disposed of with no order as to costs. [R.G. KETKAR, J.]