1 14 ao.609.03 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 609 OF 2003 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Rajendra Mishra for the Appellant. CORAM : A.S.OKA, J. DATE : 18 th April, 2011. P.C. 1 It is not in dispute that S.C.Suit No.2917 of 1996 has been disposed of. The learned counsel appearing for the Appellant submits that the appeal will have to be heard on merits. 2 The impugned order has been passed on Notice of Motion No. 1019 of 2003. The first prayer in the Notice of Motion is for interim relief during the pendency of Notice of Motion. The second prayer is for interim relief during the pendency of the suit. Considering the prayer made in the said notice of motion, the impugned order was to operate only till the disposal of the suit. Apart from that, against the impugned order appeal from order is not maintainable either under Order XLIII or under Section 104 of the Code of Civil Procedure, 1908. Hence, Appeal is dismissed by 2 14 ao.609.03 keeping the remedy of the Appellant open. 3 Civil Application No. 925 of 2003 does not survive and the same is disposed of. 4 It will be always open for the Appellant to take out consequential proceedings as a result of disposal of the suit. 5 Interim relief granted in Appeal, if any, to continue for eight weeks from today. [ A.S.OKA, J ]