IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL LODG. NO.496 OF 2008 IN CHAMBER SUMMONS NO.1120 OF 2008 IN TRUST PETITION NO.3 OF 2008 Ismail Building Tenants Association & Ors. .. Appellants Vs. Mr.Haroun Alim A.R. Yusuf & Ors. .. Respondents -- S/Shri D.J. Khambata along with Darshan Mehta i/by M/s. Markand Gandhi & Co. for the Appellants. Shri Virag Tulzapurkar, senior advocate with Ms Kirtida Chandarana i/by Mahernash Humranwala for the Respondents. -- CORAM: SWATANTER KUMAR, CJ & A.P. DESHPANDE, J DATED : 8TH SEPTEMBER, 2008 P.C. Learned counsel appearing for the Respondents fairly states that in the suit for specific performance, the appellants herein have so far not been given any order of injunction. He further states that if any favourable order is passed in that suit, or even if the same is granted by the Court in the petition filed by the Trust under Section 34 of the Indian Trusts Act, 1882, the respondents would not take any benefit of the impugned order. He also states that if the appellants seek and is given an order by the court in their own suit, they would apply again to the Court dealing with the petition under Section 34 of the Trusts Act for an appropriate order. 2. In view of the statements made by the learned counsel appearing for the respondents, nothing survives in the appeal and the same is disposed of accordingly. No order as to costs. CHIEF JUSTICE A.P. DESHPANDE, J