IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.242/2008 IN NOTICE OF MOTION NO.792/2008 IN SUIT NO.550/2008 Nicholas Alphonso Appellant/Ori.Plaintiff vs. Nitin K.Gandhi & Ors. Respondents Mr.Bhavesh Parmar with Ms.Darpana Nagarkar advocate for the appellant Ms.G.V.Bhagwat i/b M/s Divekar & Co. advocate for respondent no.1 and 2 Ms.Sangeeta Kahar i/b M/s Arun Sapkal & Co. advocate for respondent no.3 CORAM: S.B.Mhase , & Prasanna B.Varale , J.J. DATED : July,29th ,2008. P.C. Heard learned counsel for the appellant . The learned counsel for the appellant submits that his grievance stands redressed if observations made in para 5 of the order passed by the Single Judge are quashed and set aside ,because according to him the rest of the order is in his favour . If the order is in his favour any findings as 2 recorded at prima facie stage are not appellable and it is well settled law when the order is in favour of the appellant and certain observations are not in favour of the appellant , the appeal is not tenable . The matter is disposed of . (Prasanna B.Varale,J.) (S.B.Mhase, J.)