1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.484 OF 2009 WITH CIVIL APPLICATION NO.591 OF 2009 Shri Nilesh Vinayak Ketkar & Ors. ....Appellants Versus M/s.Atharva Enterprises & Ors. ....Respondents. Mr. J. S. Kini i/b. Mr. Suresh Dubey for the Appellants. Ms. K. K. Sorran for Respondent No.20-BMC. Mr. Pramod K. Gautam for Respondent No.21. CORAM : R. V. MORE, J. DATED : 29TH APRIL, 2009. P.C. Heard, learned Counsel for the respective parties. 2. The main grievance of Mr.Kini, learned Counsel for the Appellants/Original Defendant Nos.2 to 6 is that the Notice of Motion at exhibit – 5 in L.C. Suit No.301 of 2009 filed by the Respondent Nos.1 to 19/Original Plaintiffs is not disposed of. The learned Counsel for Respondent No.20-BMC and the learned Counsel for Respondent No.21/Original Defendant No.7 who are supporting Respondent Nos.1 to 19/Original Plaintiffs have no objection for expeditious hearing of the said Notice of Motion at Exhibit -5 in L.C.Suit No.301 of 2009. 3. In the above circumstances, the Appeal from Order can 2 conveniently be disposed of by directing the learned City Judge to dispose of Defendant Nos.2 to 6’s Notice of Motion at exhibit – 5 in L.C. Suit No.301 of 2009 expeditiously and preferably before 15th July, 2009. Order, accordingly. Appeal from Order is disposed of, as such. 4. In view of the disposal of the Appeal from Order, the Civil Application No.591 of 2009 will not survive and therefore, the same is disposed of. (R. V. MORE, J.)