16 ao 921.08.doc 1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.921 OF 2008 WITH CIVIL APPLICATION NO. 1109 OF 2008 AND APPEAL FROM ORDER NO.920 OF 2008 WITH CIVIL APPLICATION NO. 1108 OF 2008 Malti Sanjay Mankani ... Appellant Vs. Shakuntala Shyam Sunder Mankani & Ors. ... Respondents Mr.S.P.Kanga, Advocate i/b Mr.Hitesh P.Vyas, advocate for Appellants. Mr.Akshay Patil, advocate a/w Faisal Sayyed, advocate and Mayur Bhojwani, advocate i/b M/s Manilal Kher Ambalal & Co. for Respondent nos.1 and 2. CORAM : J.H. BHATIA, J. DATE : 6th September, 2010. P. C. 1 The L.C.Suit No.985 of 2006 is pending before the City Civil Court for last more than four years. The Notice of Motion taken out by the Plaintiff/Respondent was allowed and the Notice of Motion taken out by the Defendant no.1/Appellant for restoration of possession was disposed of on the ground that it does not survive for consideration in lieu of the 16 ao 921.08.doc 2 order passed in the Notice of Motion taken out by the Plaintiff. The Defendant no.1/Appellant is not in possession and no order is operating in her favour at present. Therefore, the following directions will meet the ends of justice: The trial court shall expedite the hearing of the L.C.Suit No.985 of 2006 and dispose of the same as early as possible and preferably within six months from the date of receipt of this order. In case, the Plaintiff failed to prove that the Defendant no.1 was not in possession when the initial ex-parte order dated 21st January, 2006 was obtained, the trial court shall also consider the Notice of Motion No.789 of 2006 filed by the Defendant no.1 for restoration of possession. 2 Therefore, the Appeal from Orders stand disposed of accordingly. 3 As the Appeal from Orders are disposed of, the Civil Applications do not survive and disposed of accordingly. (J. H. BHATIA, J.)