1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.316 OF 2009 WITH NOTICE OF MOTION NO.2798 OF 2009 IN APPEAL NO.316 OF 2009 Mrs. Jyoti J. Bhatia & Anr. ..Appellants. v/s. Mrs. Farhat Mehdi Mandil & Ors. ..Respondents. Mr.P.K.Samdani i/b. N.H.Shukla for Appellants. Mr.Rahul Narichania a/w. Mr.Kannan Thevar i/b. Mulla & Mulla for Respondents. CORAM:- SWATANTER KUMAR,CJ. AND A.M.KHANWILKAR, J DATED :- AUGUST 4, 2009. P.C. 1. Learned Counsel appearing for Respondents without prejudice to their rights and contentions and with a specific contention that the order under appeal is just, fair and tenable in law, voluntarily states that they do not have any desire presently to sell the property as they want to live in that property. If they intend to sell it, they will take permission of this Court. This statement is accepted. In view of the statement made by the 2 Respondents, nothing survives in the Appeal. The same is disposed of accordingly. 2. Counsel for the Respondents also states that if the appellants want, the Respondents are willing to return the amount paid by the Appellant towards Society NOC charges. 3. In view of disposal of the Appeal, nothing survives in the Notice of Motion. The same is disposed of accordingly. CHIEF JUSTICE A.M.KHANWILKAR, J