-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET APPEAL APPEAL APPEAL FROM ORDER ST.NO.31104 OF 1990 FROM ORDER ST.NO.31104 OF 1990 FROM ORDER ST.NO.31104 OF 1990 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Ms Geeta Jogleker for B.M.C. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JUNE 4,2007. : JUNE 4,2007. : JUNE 4,2007. P.C.: P.C.: P.C.: 1. Heard learned Advocate for the Appellant. The challenge in this Appeal from Order is to the Judgment and Order dated 28th August 1990 passed on a Notice of Motion for temporary injunction. Respondent Nos.1 to 3 are the original Plaintiffs who had taken out the Notice of Motion on which impugned order has been passed. There was a delay in filing this Appeal. Application for condonation of delay was dismissed in the year 1999 as against the Respondent Nos.1 to 3. Therefore, Appeal cannot survive as the impugned order has been passed on the Notice of Motion taken out by the Respondent Nos.1 to 3. Accordingly, Appeal is dismissed with no order as to -2- costs. 2. If the suit is pending, it is made clear that all contentions of the parties on the merits of the suit are expressly kept open. JUDGE JUDGE JUDGE